TERMS
AND
CONDITIONS
OF
SALE
AND
LICENSE OF
RADIO SHACK COMPUTER
EQUIPMENT
AND SOFTWARE PURCHASED FROM
A
RADIO SHACK
COMPANY-OWNED COMPUTER CENTER, RETAIL STORE OR
FROM
A
RADIO
SHACK
FRANCHISEE
OR
DEALER
AT
ITS
AUTHORIZED LOCATION
CUSTOMER OBLIGATIONS
LIMITED WARRANTY
A.
CUSTOMER
assumes
full responsibility
that
this
Radio
Shack
computer hardware
purchased
(the "Equipment"), and
any
copies of Radio
Shack software included with the
Equipment
or
licensed separately
(the "Software") meets
the
specifications, capacity, capabilities,
versatility,
and
other
requirements of CUSTOMER.
B.
CUSTOMER assumes full
responsibility
for the condition and
effectiveness of
the operating
environment
in
which
the
Equipment
and
Software
are to
function,
and for
its installation.
II. RADIO SHACK LIMITED
WARRANTIES
AND
CONDITIONS
OF
SALE
A. For a
period
of
ninety
(90)
calendar
days
from
the
date of the
Radio Shack sales document received upon purchase
of
the
Equipment, RADIO SHACK warrants to the original
CUSTOMER that
the
Equipment
and
the
medium
upon
which
the
Software
is stored is
free
from manufacturing defects.
THIS
WARRANTY IS
ONLY
APPLICABLE
TO
PURCHASES
OF
RADIO SHACK
EQUIPMENT
BY
THE
ORIGINAL CUSTOMER
FROM RADIO SHACK COMPANY-OWNED COMPUTER
CENTERS,
RETAIL STORES AND FROM RADIO SHACK
FRANCHISEES AND
DEALERS
AT ITS
AUTHORIZED
LOCATION. The warranty is
void
if the
Equipment's case or cabinet has been
opened,
or if
the
Equipment or Software
has been
subjected to
improper
or
abnormal use. If a
manufacturing defect
is discovered
during
the
stated
warranty
period,
the
defective
Equipment
must
be returned
to
a
Radio
Shack
Computer Center, a Radio Shack
retail
store,
participating Radio
Shack franchisee
or
Radio
Shack
dealer
for
repair,
along with
a
copy
of
the
sales
document
or
lease
agreement. The
original CUSTOMER'S
sole
and exclusive remedy in the
event
of a
defect
is
limited
to
the
correction
of the
defect
by
repair,
replacement, or refund of
the purchase price,
at RADIO
SHACK'S
election
and
sole expense.
RADIO SHACK
has
no obligation
to
replace
or
repair
expendable
items.
B.
RADIO SHACK makes
no
warranty
as
to the design, capability,
capacity,
or
suitability for
use of
the
Software, except as provided
in
this
paragraph. Software
is
licensed on
an
"AS
IS"
basis, without warranty. The original CUSTOMER'S
exclusive
remedy, in the
event of
a
Software manufacturing defect,
is
its
repair or
replacement
within
thirty
(30)
calendar
days
of the
date
of the Radio
Shack
sales document received
upon license
of the Software. The
defective Software
shall
be
returned
to
a
Radio
Shack Computer
center,
a
Radio
Shack
retail store, participating Radio Shack franchisee
or
Radio
Shack
dealer along
with the sales
document.
C.
Except as provided
herein
no employee, agent, franchisee, dealer
or other
person
is authorized
to give
any
warranties
of any
nature
on
behalf
of
RADIO SHACK.
D.
Except as provided herein, RADIO SHACK MAKES NO
WARRANTIES, INCLUDING WARRANTIES OF
MERCHANTABILITY
OR
FITNESS FOR
A
PARTICULAR PURPOSE.
E.
Some
states
do
not
allow limitations on how
long
an
implied
warranty
lasts, so
the above limitation(s)
may
not
apply to CUSTOMER,
III. LIMITATION OF LIABILITY
A. EXCEPT AS
PROVIDED
HEREIN,
RADIO SHACK
SHALL
HAVE
NO
LIABILITY OR RESPONSIBILITY
TO CUSTOMER
OR ANY OTHER
PERSON OR
ENTITY WITH RESPECT
TO
ANY
LIABILITY,
LOSS
OR
DAMAGE
CAUSED OR ALLEGED TO BE
CAUSED
DIRECTLY
OR
INDIRECTLY BY "EQUIPMENT" OR "SOFTWARE"
SOLD,
LEASED, LICENSED
OR
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 OR OPERATION
OF
THE
"EQUIPMENT"
OR
"SOFTWARE".
IN NO
EVENT SHALL RADIO SHACK BE LIABLE FOR
LOSS
OF
PROFITS,
OR ANY
INDIRECT, SPECIAL,
OR
CONSEQUENTIAL DAMAGES ARISING
OUT
OF
ANY BREACH OF THIS WARRANTY
OR
IN ANY MANNER ARISING OUT OF OR
CONNECTED
WITH THE
SALE, LEASE,
LICENSE,
USE OR
ANTICIPATED
USE OF
THE "EQUIPMENT" OR "SOFTWARE".
NOTWITHSTANDING THE ABOVE LIMITATIONS AND WARRANTIES, RADIO
SHACK'S LIABILITY HEREUNDER FOR DAMAGES INCURRED
BY
CUSTOMER
OR
OTHERS
SHALL
NOT
EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE
PARTICULAR "EQUIPMENT" OR "SOFTWARE" INVOLVED.
B.
RADIO
SHACK shall not
be
liable for any damages caused by delay
in
delivering
or
furnishing
Equipment
and/or
Software.
C.
No
action
arising
out
of any
claimed breach
of
this Warranty or
transactions
under
this Warranty may
be
brought more than two
(2)
years
after the
cause
of
action
has accrued
or
more
than
four
(4)
years
after the
date of
the
Radio Shack sales document
for
the
Equipment
or
Software, whichever
first
occurs.
D. Some
states
do
not allow
the
limitation or exclusion of
incidental
or consequential
damages, so
the
above
limitation(s)
or
exclusion(s)
may
not apply to CUSTOMER.
IV.
RADIO SHACK SOFTWARE LICENSE
RADIO
SHACK grants
to
CUSTOMER a non-exclusive,
paid-up
license
to
use the RADIO SHACK Software on
one
computer,
subject
to
the following
provisions:
A.
Except
as
otherwise
provided in this
Software License, applicable
copyright
laws
shall apply
to
the Software.
B. Title to the
medium
on
which
the
Software
is
recorded
(cassette and/or diskette)
or
stored (ROM) is transferred
to
CUSTOMER, but
not
title to the Software.
C.
CUSTOMER
may use
Software
on
one host computer and access
that Software through one
or
more terminals if
the
Software permits this function.
D.
CUSTOMER shall not
use,
make, manufacture, or
reproduce copies of Software except
for
use
on
one computer and
as
is specifically provided in this Software
License.
Customer
is
expressly
prohibited from disassembling
the
Software.
E.
CUSTOMER
is
permitted
to
make additional
copies of the
Software only for backup
or
archival
purposes
or
if
additional
copies
are
required
in the operation
of
one computer with the
Software, but only to the extent the Software
allows
a
backup
copy
to
be
made.
However, for
TRSDOS
Software,
CUSTOMER
is
permitted to make
a limited number of additional
copies for CUSTOMER'S
own
use.
F. CUSTOMER
may
resell
or
distribute
unmodified
copies
of
the Software provided
CUSTOMER
has purchased
one
copy
of
the
Software
for
each one
sold or distributed. The
provisions of this Software License
shall
also be
applicable to third
parties receiving copies
of the
Software from
CUSTOMER.
G.
All copyright notices shall be retained on all copies of
the Software.
V.
APPLICABILITY
OF WARRANTY
A.
The terms
and
conditions
of
this Warranty
are applicable
as between RADIO
SHACK
and
CUSTOMER to either
a sale of
the Equipment and/or Software License to CUSTOMER
or to a
transaction whereby RADIO SHACK sells
or
conveys such
Equipment to
a
third
party
for
lease
to
CUSTOMER.
B. The limitations
of
liability and Warranty provisions herein
shall inure to
the benefit
of RADIO SHACK,
the
author, owner and/or
licensor
of
the
Software
and
any
manufacturer
of the
Equipment
sold
by RADIO SHACK.
VI. STATE LAW RIGHTS
The warranties granted herein
give the
original CUSTOMER
specific
legal
rights, and the original CUSTOMER may have other rights which
vary
from
state
to
state.
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