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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
LIMITED WARRANTY
I.
CUSTOMER OBLIGATIONS
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.
11. 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.
111. 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.
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 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.
VI.
STATE LAW RIGHTS
The
warranties granted herein give the
original
CUSTOMER specific legal rights, and the
original
CUSTOMER may have other rights which vaiy
from state to state.
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