Radio Shack TRS-80 Modem II Operation Manuals page 3

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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
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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 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)
mav
not apply
to
CUSTOMER
IV.
RADIO
SHACK SOFTWARE
LICENSE
RADIO SHACK
grants
to
CUSTOMER
a non-exclusive, paid-up
license to
use
the
RADIO SHACK
Software on one computer,
subject
to the followinq
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
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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