TERMS AIU CdhD
T
01s
OF
SALE A40
-
CfhSE
OF
TAhDV COMPLTER EOL PMEhT Ah0
STORES Ah0 RADIO SnACd FRAhCn SEES
OR
DEALERS AT TnE
R
A,ThOR
ZED
.KAT
OhS
SOFTMARE P-RCnASED FPOM RAD
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SnACd COMPAhY-OWNED COMP-TER CEhTERS RETA
-
USA ONE-YEAR
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 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 wKch the
Equipment and Software are
to
function, and for its installation
II
LIh
A
B
C
0
E
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.
F
Some states do
not
allow limitations
on
how long an implied warranty lasts
so
the above Iimitation(s) may rot apply
to
CUSTOMER
IITEO WARRANTIES AND CONDITIONS
OF
SALE
RADIO SHACK warrants to the original CUSTOMER that the Equipment is free from manufacturing defects for a period of one
(1)
calendar year from the date of purchase as evidenced by a RADIO SHACK sales document RADIO SHACK warrants
to
the
original CUSTOMER that any diskette, disk cartridge, cassette tape, tape cartridge or other external storage media included
with the Equipment is free from manufacturing defects for a period of ninety
(90)
calendar days from the date of purchase.
These warranties are only applicable to purchases
01
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 warranties are void if the merchandise has been subjected
to
improper or abnormal
use
If a manufacturing defect is
discovered during the stated warranty periods, the defective item 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 sales document.
Except as provided herein
no
employee, agent, franchisee. dealer or other person is authorized
to
give any warranties of any
natiire
nn
behalf of RADIO SHACK
Ill.
LI
A
PARTICULAR "EQUIPMENT,"
OR
"SOFTWARE" INVOLVED
B
RADIO SHACK shall
not
be liable for any damages caused by delay in delivering or furnishing Equipment andlor Software.
C
No
action arisin
out
01
any claimed breach of this Warranty
or
transactions under this Warranty may be brought more than
two
(2)
years a\er 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 Sottware. 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. SOFTWARE LICENSE
RADIO SHACK grants
to
CUSTOMER a non-exclusive. paid-up license
to
use the TANDY Software
on
one computer, subject
to
the
fnllnwino ornvisinns
MlTATlflN
nF
I
IARll
ITY
, , , ,
. . . . ._ .
.
-
.
-
.. _. . .
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 CAUSE0
OR
ALLEGED TO BE CAUSED
DIRECTLY
OR
INDIRECTLY BY "EOUIPMENT"
OR
"SOFTWARE" SOLD. LEASED LICENSE0
OR
FURNISHED BY RADIO
SHACK. INCLUDING, BUT NOT LIMITED TO. ANY INTERRUPTION OF SERVICE, LOSS
OF
BUSINESS
OR
ANTICIPATORY
PROFITS
OR
CONSEOUENTIAL DAMAGES RESULTING
FROM
THE USE
OR
OPERATION
OF
THE "EOUIPMENT"
OR
SOFTWARE
IN NO EVENT SHALL RADIO SHACK BE LIABLE
FOR
LOSS
OF
PROFITS,
OR
ANY INDIRECT. SPECIAL
OR
CONSEOUENTIAL OAMACES ARISING
OllT
OF
ANY RREACH
IlF
THIS
WARRANTY
IlR
IN
ANY MANNER ARISING Ill11
OF
o~R.coic)cE.cl.E.D.~wil.H.l.H~E.SACE.,~lEAS~E~
LlEEiSE.,
u-sE-.oA
.A~Nilcl.p~~.EousEo~.~~H.E
,,E~.u.lpM.E.Ni;;od
.,..
soF.~~w~A~Ri"
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
"r-
-- -
A
Exapt 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
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
or
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 urposes or if additional
copies are required in the operation of one computer with the Software, but only
to
the extent the toftware allows a backup
cop
to
be made
F
CUlTOMER 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
of
the Software f!om 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 convevs such EauiDment
to
a third party for lease
to
CUSTOMER
E.
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
V.
APPLICABILITY
OF
WARRANTY
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
4/90
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