I.
CUSTOMER OBLIGATIONS
A.
B
LIMITED WARRANTIES AND CONDITIONS
OF
SALE
A
CUSTOMER assumes fuli responsibility that this computer hardware purchased (the "Equipment"), and any
copies of software included with the Equipment or licensed separately (the "Software") meets the specifications,
capacity, capabilities. versatility. and other requirements of CUSTOMER.
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
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.
Thls
warranty is
only
applicable
to purchases
of
Tandy Equipment
by
the original customer from Radio Shack company-owned computer
centers, retail stores, and Radio Shack franchisees and dealers at lheir authorized locations. 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, a participating Radio
Shack franchisee or a participating 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
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 saies 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 PROVlOEO HEREIN, RADIO SHACK MAKES NO EXPRESS WARRANTIES, AND ANY IMPLIED
WARRANTY OF MERCHANTABILITY
OR
FITNESS
FOR
A PARTICULAR PURPOSE
IS
LlMlTED IN ITS OURATION
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 limitation(s) may not
apply to CUSTOMER.
II.
B
III
LIMITATION
OF
LlABIL
IN
A
B.
IV.
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)
ears 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
SOFTWARE LICENSE
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 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 Liccnse 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 backuo 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 soid 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 original CUSTOMER specific legal rights and the original CUSTOMER may
have other rights which vary from state
to
state
12/84
V.
APPLICABILITY OF WARRANTY
VI STATE LAW RIGHTS
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