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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
FRAN CHISEE
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
"So
ftware
")
meets
the specifications,
capacity
,
capabilities,
versatility, and other
requirements
of CUSTOMER
.
B.
CUSTOMER assumes full responsib1l1ty
for
the
condition and
effectiveness
of
the
operating
environm
ent 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
Equ
ipment.
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
APPLIC~BLE
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
sub1ected
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 des
ign,
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
Rad
io
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.
Ill.
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
LIMITATION
S
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
coµy
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
Equ
ipment 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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