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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
I.
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 function, 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 trie 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-ownod computer
centers, retail stores, and RadlD 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 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 snail 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 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) may not apply to CUSTOMER.
IV. 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 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 tc 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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