Tandy Color Computer 3 Manual page 3

TERMS AND
CONDITIONS OF SALE
AND
LICENSE OF
TANDY COMPUTER
EQUIPMENT
AND SOFTWARE PURCHASED
FROM
RADIO SHACK
COMPANY-OWNED COMPUTER
CENTERS, RETAIL STORES AND RADIO
SHACK
FRANCHISEES
OR DEALERS AT THEIR AUTHORIZED LOCATIONS
LIMITED
WARRANTY
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
which
the
Equipment and Software
are to
Junction,
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 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
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.
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
limitations}
may
not apply
to
CUSTOMER
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 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
limitation(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
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
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
mure
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
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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