TERMS AhD COhD TlOhS
OF
SALE Ah0 .ICEhSE
OF
TAhDV COMPUTER
E0,IPMEhT AhD SOFTWARE PLRChASED FROM
RADIO
SHACK
COMPAhV-OWED COMP-TER CEhTERS RETAI. STORES AhD RAD
0
SHACK FRAhCHlSEES
OR
DEALERS AT
ThE
R
AbThOR ZED LOCATlOhS
LIMITED
WARRANTY
I.
CUSTOMER OBLIGATIONS
A CUSTOMER assumes full responsibility that this computer hardware purchased (the Equipment
)
and any
copies of Software included with the Equipment or licensed se arately (the Software
)
meets the specilications
capacity capabilities versatility and other requirements
01
CUETOMER
B
CUSTOMER assumes full responsibility for the condition and effectiveness of the operating environment
in
which
the Equipment and Software are
to
function and lor its installation
LIMITED WARRANTIES AND CONDITIONS OF SALE
A For a period of ninety
(90)
calendar days lrom 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 lree from manufacturing delects This warranty is
only
applicable
to purchases
of
Tandy Equipment by the original customer
lrom
Radio Shack company-owned computer
centers, retail stores. and Radio Shack franchisees and dealers at their authorized locations The warranty
is
void
if
the Equipment
s
case or cabinet has been opened or 11 the Equipment or Software has been subjected to
improper or abnormal use
II
a manulacturing 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 a participating Radio
Shack franchisee or a participating Radio Shack dealer for repair along with a copy
01
the sales document or
lease agreement The original CUSTOMERS Sole and exclusive remedy in the event of a defect is limited to the
correction of the delect by repair replacement
or refund of the purchase price at RADIO SHACKS 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
exce t as provided in this paragraph Software is licensed
on
an AS
IS
basis without warranty The original
CUSeOMER
S
exclusive remedy in the event of
a
Software manufacturing delect is its repair or replacement
within thirty
(30)
calendar days of the date of the Radio Shack sales document received upon license of the
Soltware The defective Software shall be returned to a Radio Shack Computer Center a Radio Shack retail store
a 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
01
RADIO SHACK
D
EXCEPT AS PROVIDED HEREIN, RADIO SHACK MAKES NO EXPRESS WARRANTIES, AND ANY IMPLIED
WARRANTY OF MERCHANTABILITY
OR
FITNESS FOR A PARTICUIAR PURPOSE
IS
LIMITED IN ITS DURATION
TO THE DURATION OF THE WRIlTEN LIMITED WARRANTIES SET FORTH HEREIN
E
Some states do not allow limitations
on
how long an implied warranty lasts
so
the above Iimitation(s) may not
aoolv to CIISTOMER
II
LIM
A
B
.__,
..
.
~
ITATION OF LIABILITY
EXCEPT AS PROVIOED HEREIN RADIO SHACK SHALL HAVE NO LIABILITY
OR
RESPONSIBILITY TO CUSTOMER
ALLEGED TO BE CAUSED DIRECTLY
OR
INDIRECTLY BY "EOUIPMENT"
OR
"SOFTWARE' SOLO, LEASED,
LICENSED
OR
FURNISHED BY RADIO SHACK, INCLUDING, BUT NOT LlMlTEO TO. ANY INTERRUPTION OF
SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS
OR
CONSEOUENTIAL 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 CONSEOUENTIAL DAMAGES ARISING
OUT
OF
LEASE
LICENSE USE OR ANTICIPATED USE OF THE "EOUIPMENT"
OR
"SOFTWARE."
NOTWiTHSTANOiNG THE ABOVE LIMITATIONS AN0 WARRANTIES, RADIO SHACKS LIABILITY HEREUNDER FOR
DAMAGES INCURRED BY CUSTOMER OR OTHERS SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR
THE PARTICULAR "EOUIPMENT"
OR
"SOFTWARE" INVOLVED.
RADIO SHACK shall not be liable for any damaqes caused by delay in deliverinq or furnishinq Equipment andlor
OR
ANY
OTHER
PERSON
OR'ENTITY
WITH
RESPECT
TO
ANY LIABILITY,
LOSS
OR
DAMAGE
CAUSED
OR
ANY
BREACH
OF
THIS
WARRANTY
OR
IN
ANY
MANNER ARISING
OUT
OF
OR
CONNECTED
WITH
THE
SALE,
Software
No
action arisin
out
01
any claimed breach
01
this Warranty or transactions under this Warranty may be brought
more than two
92)
years after the cause of action has accrued or more than four
(4)
years after the date of the
Radio Shack sales document lor the Equipment or Software whichever first occurs
Some states do
not
allow the limitation or exclusion
01
incidental or consequential damages
so
the above
Iimitation(s) or exclusion(s) may not apply to CUSTOMER
C
D
IV SOFTWARE LICENSE
RADIO SHACK grants
to
CUSTOMER a
non
exclusive paid up license to use the TANDY Software
on
one computer
sublect to the lollowing 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 translerred 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
11
the Software permits this function
0
CUSTOMER shall not use make manulacture or reproduce copies
01
Soltware except for use
on
one computer
and as is specifically provided in this Software License Customer is expressly prohibited lrom disassembling the
Software
E CUSTOMER is permitted
to
make additional copies
01
the Soltware only for backup or archival purposes or 11
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 lor TRSDOS Software CUSTOMER is permitted to make a
limited number of additional copies lor CUSTOMERS own use
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
01
this Software License shall also be
applicable
to
third parties receiving copies
01
the Sonware from CUSTOMER
All copyright notices shall be retained
on
all copies of the Software
The terms and conditions of this Warranty are applicable as between RADIO SHACK and CUSTOMER to either a
Sale of the Equipment andlor Software License
to
CUSTOMER or to a transaction whereby Radio Shack sells or
conveys such Equipment to a third party for lease to CUSTOMER
The limitations of liability and Warranty provisions herein shall inure to the benelit of RADIO SHACK the author
owner and or licensor of the Software and any manufacturer of the Equipment sold by Radio Shack
F
G
A
B
V APPLICABILITY OF WARRANTY
VI STATE LAW RIGHTS
The warranties granted herein give the original CUSTOMER specilic legal rights and the original CUSTOMER may
have other rights which vary from State to state
8/84
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