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TERMS AND
CONDITIONS
OF SALE
AND
LICENSE OF
RADIO
SHACK COMPUTER EQUIPMENT AND SOFTWARE
PURCHASED FROM
A
RADIO
SHACK
COMPANY-OWNED COMPUTER
CENTER. RETAIL
STORE OR
FROM
A
RADIO
SHACK
FRANCHISEE
OR
DEALER AT
ITS
AUTHORIZED LOCATION
CUSTOMER
OBLIGATIONS
LIMITED
WARRANTY
A.
CUSTOMER
assumes
full
responsibility that
this
Radio
Shack computer hardware
purchased
(the
"Equipment"), and any
copies
of
Radio
Shack
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
which
the
Equipment
and Software
are
to
function,
and
for
its
installation.
II.
RADIO
SHACK
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
RADIO
SHACK EQUIPMENT
BY THE ORIGINAL
CUSTOMER FROM
RADIO
SHACK
COMPANY-OWNED COMPUTER
CENTERS,
RETAIL
STORES AND FROM
RADIO
SHACK
FRANCHISEES
AND
DEALERS AT
ITS
AUTHORIZED
LOCATION. 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, participating
Radio
Shack
franchisee or
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
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,
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 WARRANTIES,
INCLUDING
WARRANTIES
OF MERCHANTABILITY
OR
FITNESS
FOR A
PARTICULAR PURPOSE.
E.
Some
states
do
not allow
limitations
on
how
long an implied
warranty
lasts,
so
the
above
limitation(s)
may
not
apply
to
CUSTOMER.
III.
LIMITATION
OF
LIABILITY
A.
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"
SOLD, 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
AND
WARRANTIES, RADIO
SHACKS
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
limitation(s)
or exclusion(s)
may
not apply
to
CUSTOMER.
IV.
RADIO
SHACK
SOFTWARC
LICENSE
RADIO
SHACK
grants
to
CUSTOMER
a
non-exclusive, paid-up
license
to
use
the
RADIO
SHACK
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
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.
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
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.
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