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Radio Shack TRS-80 PC-2 - Page 2

Radio Shack TRS-80 PC-2
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TERMS
AND
CONDITIONS
OF
SALE
AND
LICENSE
OF
RADIO
SHACK
COMPUTER
EOUIPMENT
AND
SO>TWARE
PURCHASED
FROM
A
RADIO
SHACK
COMPANY-OWNED
COMPUILR
CENTER
RETAIL
STORE
Oil
FROM
A
RADIO
SHACK
FRANCHISEE
OR
DEALER
AT
ITS
AUTHORIZED
LOCATION
LIMITED
WARRANTY
CUSTOMER
OBLIGATIONS
A
CUSTOMER
assumes
tull
responslbrlity
thaI
thiS
Radio
Shack
computer
hardware
purchased
(trle
EqUipmenl)
and
any
copies
01
Radio
Shack
software
Included
with
the
Equipment
or
licensed
separately
(Ir,e
·Software")
meets
the
sPecltlC3110ns.
capacity.
capabilities
versatility
and
other
requirements
of
CUSTOMER
CUSTOMER
assumes
full
responsloility
for
the
condition
aM
eflectlveness
01
the
opera.ling
envlronmenl
In
which
the
EqUipment
and
Sottware
are
10
function.
and
for
Its
installation
11_
RADIO
SHACK
LIMITED
WARRANTIES
AND
CONDITIONS
OF
SALE
A
For
a
penod
of
nmety
(90)
calendar
days
from
tM
date
althe
RadiO
Shack
sales
document
received
upon
Qurchase
01
!tIe
EqUipmenl
RADIO
SHACK
warrants
to
the
original
CUSTOMER
that
the
EQUIpmenl
and
the
medium
upon
whlcn
the
Software
IS
stored
IS
free
from
manufactUring
detects
THIS
WARRANTY
IS
ONLY
APPLICABLE
TO
PURCHASES
OF
RADIO
SHACK
EQUIPMENT
BY
THE
ORIGINAL
CUSTOMER
mOM
RADIO
SHACK
COMPANY-OWNED
COMPUTER
CENTERS
RETAIL
STDllES
AND
FROM
RADIO
SHACK
FRANCHISEES
AND
DEALERS
AT
ITS
AUTHORIZED
LOCATION
The
warranty
is
VOid
II
the
EQulpments
case
or
cabinet
has
been
opened
or
If
the
EqUipment
or
Software
nas
been
sublected
10
Improper
or
abnormal
use
If
a
rnanulacturmg
defect
is
discovered
during
Ine
stated
warranty
period.
the
defeClIve
EqUipment
must
be
returrled
to
a
RadiO
Shack
Computer
Center,
a
RadiO
Snack
relail
STOre.
participating
RadiO
Shack
franchisee
or
RadiO
Shack
dealer
for
repa'r
along
With
a
copy
of
the
sales
document
or
lease
agreement
The
original
CUSTOMER'S
sole
and
exclUSive
remedy
In
the
event
of
a
delect
IS
limited
to
the
correction
of
n1e
defect
by
repair
replacement
or
relund
of
the
purchase
price,
al
RADIO
SHACK
S
election
and
sale
expense
RADIO
SHACK
has
no
obligation
to
replace
or
repall'
expendable
Items
RADIO
SHACK
makes
no
warranty
as
to
Ihe
deSign
capabiliTY
capaCity
or
su!tability
for
use
ot
tne
SofTware
except
as
pr'ovided
In
thiS
paragraph
Software,
is
licensed
on
an
AS
IS"
baSIS
withoui
warranty
The
original
CUSTOMER'S
exclUSive
rernedy
In
Ihe
eveni
01
a
Software
manufacturing
defecl
IS
ItS
repair
or
replacement
Within
thirty
130)
calendar
days
of
tne
dale
of
the
RadiO
Snack
sales
document
received
upon
license
01
the
Software
The
defective
Sof1ware
shall
be
returned
to
a
RadiO
Shack
Computer
Center
a
Radio
Shack
retatl
store
panlClpallng
RadiO
ShaCK
franchisee
or
RadiO
SnacK
dealer
along
wlih
ttle
sales
documenl
Except
as
proVided
herein
noemCloyee
agent
Iranchlsee,
dealer
or
other
person
Isauthorll€(ltugive,wywarrantresofany na!ureon
behalf
01
RADIO
SHACK
Except
as
proVided
herein
RADIO
SHACK
MAKES
NO
WARRANTIES,
INCLUDING
WARRANTIES
OF
MERCHANTABILITY
OR
FITNESS
FOR
A
PARTICULAR
PURPOSE
Some
states
do
not
allow
limitations
on
hOw
long
an
Implied
warranty
lasts
so
the
above
Ilrnltatlon(sl
may
not
apply
to
CUSTOME8
III.
L1MITATI3N
OF
LIABILITY
A
EXCEPT
AS
PROVIDED
HEREIN
RADIO
SHACK
SHALL
HAVE
NO
LIABILITY
OR
RESPONSIBILITY
TO
CUSTOMER
Of'
ANY
OTHER
PERSON
DR
ENTITY
WITH
IlESPECT
TO
ANY
LIABILITY,
LOSS
OR
DAMAGE
CAUSED
DR
ALLEGED
TO
BE
CAUSED
DIRECTLY
DR
INDIRECTLY
BY
'EOUIPMENT"
ORSO>TWARE'
SOLD,
LEASED,
LICENSED
DR
FURNISHED
BY
RADIO
SHACK
INCLUDING,
BUT
NOT
LIMITED
TO,
ANY
INTERRUPTION
OF
SERVICE,
LOSS
OF
BUSINESS
OR
ANTICIPATORY
PROFITS
OR
CONSEQUENTIAL
DAMAGES
RESULTING
FROM
THE
USE
DR
OPERATION
OF
THE
'EQUIPMENT'
ORSO>TWARE
IN
NO
EVENT
SHALL
RADIO
SHACK
BE
LIABLE
FOR
LOSS
OF
PROFITS,
DR
ANY
INDIRECT
SPECIAL,
OR
CONSEQUENTIAL
DAMAGES
ARISING
OUT
OF
ANY
BREACH
OF
THIS
WARRANTY
OR
IN
ANY
'AANNER
ARISING
OUT
OF
OR
CONNECTED
WITH
THE
SALE
LEASE,
LICENSE,
USE
OR
ANTICIPATED
USE
OF
THE
'EQUIPMENT'
OR
'SO,IWARE
NOTWITHSTANDING
THE
ABOVE
LIMITATIONS
AND
WARRANTIES,
RADIO
SHACK
S
LIABILITY
HEREUNDER
FOR
DAMAGES
INCURRED
BY
CUSTQMER
OR
OTHERS
SHALL
NOT
EXCEED
THE
AMOUNT
PAID
BY
CUSTOMER
FDR
THE
PARTICULAR
EOUIPMENT
DR
SOFTWARE'
INVOLVED
RADIO
SHACK
silall
not
De
liable
jor
any
damages
call
sed
by
delay
In
dellverrng
or
lurnlsiwlg
EqUipment
and
or
Software
No
action
ariSing
out
of
any
claimed
breact1
ot
thiS
Warranty
or
trail5acllDns
under
thiS
Warranty
may
be
brought
more
than
two
m
years
after
the
cause
of
acllOn
has
accrued
or
more
than
lour
!41
years
after
the
dale
of
the
RacIlO
Shack
sales
document
for
the
EqUipment
or
Software
whichever
[rrst
occurs
Some
slates
do
n01
allOW
the
IImlta1lOn
or
e~cluslon
at
InCidental
0'
consequential
damaQes
so
the
above
Ilmlta1l0n(s)
or
excluslOn(S)
may
not
apply
10
CUSTOMER
IV,
RADIO
SHACK
SOFTWARE
LICENSE
RADIO
SHACK
grants
to
CUSTOMER
a
nQn·e~cILJslve
paid-up
license
to
use
the
RADIO
SHACK
Software
un
one
computer
sublecT
to
Ihe
follOWing
prDvlslons
A
Except
as
otherWise
proIJlded
In
thiS
Software
License,
applicable
cooynght
laws
51"',all
aoply
to
the
Software
B
Tille
to
the
medium
on
which
the
Software
IS
recorded
(cassette
and
or
diskette)
or
S10rea
(ROMIIS
transferred
10
CUSTOMER,
bul
not
title
10
the
Software
CUSTOMER
may
use
Software
on
one
hOst
compuTer
and
access
that
Software
through
one
or
more
terminals
II
the
Software
permits
thiS
function
CUSTOMER
shall
not
use,
make.
manufacture
or
reproduce
caples
of
Software
except
for
use
on
one
computer
and
as
IS
speCifically
proVided
In
thiS
Software
License
Customer
is
expreSSly
prohibited
from
disassembling
Ihe
Software
CUSTOMER
IS
permrned
to
make
addlllOnal
copies
of
the
Software
only
for
baCkup
or
archival
purposes
or
II
adOillonal
copies
are
reqUired
in
the
operation
of
one
computer
With
the
Software
bUl
only
10
the
extenl
file
Software
allows
3
backup
copy
to
be
made
However
tor
TRSDOS
Software.
CUSTOMER
IS
permitted
to
make
a
Ilmlled
number
of
additional
copies
for
CUSTOMER'S
own
use
CUSTOMER
may
resell
or
distribute
unmodified
copies
of
the
Software
proIJlded
CUSTOMER
~laS
purchased
one
copy
of
the
Software
lor
eactl
one
sold
or
distributed
The
prOVISions
01
this
Software
License
shall
alSD
be
applicable
to
third
parties
receiving
copies
01
the
Software
from
CUSTOMER
All
copytlghf
nollces
shall
be
retained
on
all
copies
Of
the
Sottware
V_
APPLICABILITY
OF
WARRANTY
A
The
terms
and
conditIOns
01
thiS
Warranty
are
applicable
as
between
RADIO
SHACK
and
CUSTOMER
to
either
a
sale
01
the
EQUipment
and
or
Software
License
to
CUSTOMER
or
10
a
transaction
Whereby
RADIO
SHACK
sells
or
conveys
such
EQUipment
to
a
third
party
lor
lease
to
CUSTOMER
The
Ilmllations
01
liability
and
Warranty
prOVISions
herem
shall
mure
to
the
beneflr
of
RADIO
SHACK
the
author
owner
and
or
licensor
of
the
Software
and
any
manutacturer
of
the
EqUipment
sold
by
RADIO
SHACK
VI.
STATE
LAW
RIGHTS
The
warranties
granted
herein
give
the
original
CUSTOMER
SOCCI/IC
legal
rights.
and
the
original
CUSTOMER
may
nave
other
rights
which
vary
from
state
to
state
4

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