TERMS
AND
CONDITIONS
OF SALE AND LICENSE
OF TANOY COMPUTER EQUIPMENT
ANO
SOFTWARE
PURCHASED FROM RADIO
SHACK COMPANY-OWNEO COMPUTER
CENTERS. RETAIL STORES
AND
RAOiO
SHACK FRANCHISEES
OR
DEALERS AT THEIR
AUTHORIZED LOCATIONS
LIMITED
WARRANTY
I. CUSTOMER OBLIGATIONS
A. CUSTOMER assumes
lull
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
8, CUSTOMER assumes full
responsibility for the condition
anO effectiveness of the operating environment
in which the Equipment and
Software are to function,
and
for
its installation
II. LIMITEO WARRANTIES
AND CONOITIONS
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 from 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
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 file correction of the
defect by
repair,
replacement, or refund
of the purchase
price,
at RAOIO SHACK'S
election and sole
expense. RADIO SHACK has
no
obligation
to replace or repair expendable
items
B.
RAOIO
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 \Ue 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
oerson
is authorized to give
any
warranties
of any nature on
behalf of RAOIO SHACK,
D. EXCEPT AS PROVIOEO HEREIN,
RAOIO SHACK
MAKES NO EXPRESS WARRANTIES, ANO
ANY IMPLIEO WARRANTY OF
MERCHANTABILITY OR FITNESS
FOR
A
PARTICULAR PURPOSE
IS LIMITEO IN ITS OURATION
TO THE OURATION OF THE WRITTEN
LIMITEO WARRANTIES SET FORTH
HEREIN.
E.
Some
states do not allow limitations
on how long an implied warranty
lasts,
so
the above limitation^) may not
apply to CUSTOMER.
III.
LIMITATION
OF
LIABILITY
A. EXCEPT
AS
PROVIDED
HEREIN, RAOIO SHACK
SHALL
HAVE NO LIABILITY
OR
RESPONSIBILITY
TO
CUSTOMER OR
ANY OTHER
PERSON
OR
ENTITY
WITH RESPECT
TO ANY LIABILITY,
LOSS OR OAMAGE CAUSEO OR
ALLEGEO TO BE CAUSEO
OIRECTLY
OH
INOIRECTLY
BY "EQUIPMENT"
OR
"SOFTWARE"
SOLO, LEASEO, LICENSEO
OR
FURNISHEO
BY
RAOIO
SHACK, INCLUOING, BUT NOT
LIMITED
TO, ANY INTERRUPTION
OF
SERVICE,
LOSS
OF
BUSINESS
OR ANTICIPATORY PROFITS OR
CONSEQUENTIAL OAMAGES
RESULTING FROM
THE USE OR OPERATION
OF THE "EQUIPMENT"
OR "SOFTWARE," IN
NO EVENT SHALL
RAOIO
SHACK BE LIABLE
FOR
LOSS OF
PROFITS,
OR
ANY
INOIRECT,
SPECIAL, OR
CONSEQUENTIAL OAMAGES ARISING
OUT OF ANY BREACH OF THIS
WARRANTY
OR
IN
ANY MANNER ARISING
OUT OF OR CONNECTEO WITH
THE SALE, LEASE, LICENSE,
USE
OR
ANTICIPATED USE OF
THE "EQUIPMENT" OR
"SOFTWARE."
NOTWITHSTANDING THE
ABOVE LIMITATIONS
ANO WARRANTIES, RAOIO
SHACK'S LIABILITY HEREUNOER FOR
OAMAGES INCURRIO
BY CUSTOMER OR
OTHERS SHALL NOT
EXCEEO THE AMOUNT PAIO
BY CUSTOMER FOR THE PARTICULAR
"EQUIPMENT" OR
"SOFTWARE" INVOLVEO.
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 limitations) or exclusion(s) may
not apply to CUSTOMER.
IV. SOFTWARE LICENSE
RAOIO SHACK
grants to CUSTOMER
a non-exclusive, paid-up license
to use the TANOY Software
on one computer,
subject to the following
provisions:
A.
Except
as otherwise provided in
this Software License, applicable
copyright laws shali
apply to the Software.
B. Title to the medium on
which
the
Software is recorded
{cassette and/or diskette) or
stored IROMl 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 it
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 comouter
with the Software,
but
only
to the extent the Software allows
a backup copy to be made. However, for
TRSOOS
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
recelvinq copies of the
Softv/are
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 wnereby 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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