TERMS AND CONDITIONS
OF
SALE AND LICENSE
OF
TANDY COMPUTER EQUIPMENT AND
STORES AND RADIO SHACK FRANCHISEES
OR
DEALERS AT THEIR AUTHORIZED LOCATIONS
SOFTWARE PURCHASED FROM RADIO SHACK COMPANY-OWNED COMPUTER CENTERS
RETAIL
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
aratel
(the Software
)
meets the SpeCifiCatiOnS
capacity capabilities versatility and other requirements
of
CUlTOMEh
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
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
Tandy Equipment by the original customer lrom Radio Shack company-owned computer
centers, retail stores, and Radio Shack lranchisees and dealers at their authorized locations The warranty is
void 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 a participating Radio Shack franchisee or a participatin Radio Shack
dealer for repair along with a copy of the sales document or lease agreement The original CUSTOMh
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
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
of
RADIO SHACK
D
EXCEPT AS PROVIDED HEREIN, RADIO SHACK MAKES NO EXPRESS WARRANTIES, AND ANY IMPLIED
WARRANTY
OF
MERCHANTABILITY
OR
FITNESS
FOR
A PARTICULAR PURPOSE
IS
LIMITED IN ITS DURATION
TO THE DURATION
OF
THE WRITTEN 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
apply
to
CUSTOMER
111.
LIMITATION
OF
LIABILITY
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” SOLO, 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 AN0 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
Iimitation(s) or exclusion(s) may not apply
to
CUSTOMER
RADIO SHACK grants to CUSTOMER a non-exclusive paid-up license
to
use the TANDY Software on one computer
subject
to
the following provisions
A Except as otherwise provided in this Software License applicable co yright laws shall apply
to
the Software
B
Title to the medium on which the Software is recorded (cassette anior diskette) or stored (ROM) is transferred to
CUSTOMER but not title to the Software
C CUSTOMER may use Software on a multiuser or network system only if either. the Software is expressly labeled
to be for use on a multiuser or network system or one copy
of
this software is purchased for each node or
terminal on which Software is
to
be used simultaneously
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
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
The warranties granted herein give the oripinal CUSTOMER specific legal rights and the original CUSTOMER may
have other rights which vary from state to state
6/86
II.
A
IV. SOFTWARE LICENSE
V.
APPLICABILITY
OF
WARRANTY
VI. STATE LAW RIGHTS
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