Table of Contents
Advertisement
CUSTOMER
assumes
full responsibility that this computer hardware purchased (the "Equipment"), and any ,copies of software included
with the Equipment or hcensed separately (the "&oftware") meets the specifications, capacIty, capabilities, versatility, and other
requirements of CUSTOMER.
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.
CUSTQMER QBLlGATIONS
A.
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
8
I.
)
)
F
E
B.
B.
C.
C.
For a period of ninety (90) calendar days from the date of the Radio Shack sales document rece,ived upon purchase 01 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 Equtpment by the original customer trom 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'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 penQd, the defective Equipment must be returned to a RadiQ 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 sale 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.
RAOlO 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 (3D) 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.
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.
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 WRlmN
L1MITEO 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.
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 ALLEGEO TO BE CAUSED DIRECTLY OR
INOIRECTLY BY "EQUIPMENT' OR "SOFTWARE" SOLD, LEASED, L1CENSEO OR FURNISHEO BY RADIO SHACK, INCLUDING, BUT NOT
LIMITED TO, ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS OR CONSEQUENTIAL OAMAGES
RESULTING FROM THE USE OR OPERATION OF THE "EOUIPMENT' 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 CONNECTEO 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 "EOUIPMENT" DR
"SOFTWARE" INVOLVEO,
RADIO SHACK shall not be liable for any damages caused by delay in delivering or furnishing Equipment and/or Software.
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.
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.
CUSTOMER may use Software on one host computer and access that Software through one or more terminals if the Software permits this
function.
.
CUSTOMER shall not use, make, manufacture, or reproducil 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.
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, 10r
TRSOOS Software, CUSTOMER IS permitted to make a limited number of additional copies for CUSTOMER·S own use
CUSTOMER may resell or distribute unmodified copies of the Software provided CUSTOMER has purchased one copy of the Software tor
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,
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
STATE LAW RIGHTS
D.
B
C
LIMITED WARRANTIES AND CONDITIONS OF SALE
A.
D.
D.
VI.
II.
III.
V,
IV,
)
)
)
)
)
J
)
)
J
)
J
)
)
)
)
The warranties granted herein give the origlmll CUSTOMER specific legal rights, and the origInal CUSTOMER may have other rights which vary
from state to state.
)
12184
)
)
)
Advertisement
Table of Contents
