Tandy 1000 MS-DOS Reference Manual page 2

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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
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) meefs fhe spec,t,cat,ons
capacity. capab",tles versatll:ty. and other requllements at CUSTOMER
CUSTOMER assumes full responsibility for the condition and effecf,veness of the operatmg environment
10
which
the Equipment and Software are to function. and for ItS msfallatlon
II.
LIMITED WARRANTIES AND CONDITIONS OF SALE
A
For a pellod of nmety (90) calendar days froID the date of the Radio Shack sales document received upon
purchase of the Equipment RADIO SHACK warrants to the ollglnal CUSTOMER that fhe Equipment and the
medium upon which fhe Software IS stored IS tree from manufactullng defects. This warranty is only applicable
to purchases of Tandy Equipment by the original customer from Radio Shack company-owned computer
centers. retail stores, and Radio Shack franchisees and dealers at their authorized locations. The warranty IS
vOid It the Equipment or Software has been sublected to Improper or abnormal
If a manulactullng defect IS
discovered dUling the stated warranty pellod the defective Equlpmenl must
returned to a Radio Shack
Computer Center. a Radio Shack retarl store. a partlClpatmg Radio Shack tranchlSee or a partlClpatmg Radio Shack
dealer for repall along with a copy of the sales document or lease agreement The oliglOal CUSTOMERS sale and
excluSive remedy In the event of a defect IS limited to the correction of the delect by repall replacement or
refund of the purchase pllce at RADIO SHACKS elecflon and sale expense RADIO SHACK has no obligation to
replace or repair expendable Items
RADIO SHACK makes no warranty as to the design capability. capacity or sUitability lor use of the Software
except as provided
10
thIS paragraph Software IS licensed on an
AS IS baSis. wllhout warranty The ollglnar
CUSTOMERS excluSive remedy
10
the event of a Soltware manufactullng defect IS ItS repall or replacement
wlthm thllty (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 retarl store
a partlclpatiOg Radio Shack franchISee or Radio Shack dealer along with the sales document
Except as provided herem 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 tMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS LIMITED IN ITS DURATION
TO THE DURATION OF THE WRITIEN LIMITED WARRANTIES SET FORTH HEREIN.
Some states do not allow l'm!lallons on how long an Implied warranty lasts. so the above Ilmltatlon(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
DR 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 DR FURNISHED BY RADIO SHACK. INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION OF
SERVICE, LOSS OF BUSINESS DR ANTICIPATORY PROFITS OR CONSEQUENTIAL DAMAGES RESULTING FROM
THE USE DR OPERATION OF THE "EQUIPMENT" OR "SOFTWARE." IN NO EVENT SHALL RADIO SHACK BE
LIABLE FOR LOSS OF PROFITS. DR ANY INDIRECT, SPECIAL. OR CONSEQUENTIAL DAMAGES ARISING OUT OF
ANY BREACH OF THIS WARRANTY DR IN ANY MANNER ARISING OUT OF OR CONNECTED WITH THE SALE.
LEASE. LICENSE, USE DR 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.
RADIO SHACK shall not be lrable for any damages caused by delay
10
dellvellng or furnIShing Equlpmenf and or
Software
No action allSing out of any clarmed breach of IhlS Warranfy or transactions under this Warranty may be brought
more than two (2) years after the cause 01 action has accrued or more than four (4) years after the date of the
Radio Shack sales document lor the EqUipment or Software whichever fllst occurs
Some states do not allow the limitation or exclUSion of Incidental or consequentral damages so the above
Ilmltatlon(s) or excluslon(s) may not apply to CUSTDMER
IV. SOFTWARE LICENSE
RADIO SHACK granfs 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
10
thiS Sottware License. applicable copyllghl laws shall apply to the Software
B
Title to the medium on which the Software IS recorded (cassefte and or dISkette) or stored (ROM) IS transterred to
CUSTOMER. but not title to the Sottware
CUSTOMER may use Software on a multiuser or network system only If either. the Software IS expressly labeled
to be for use on a mulfluser or network sysfern or one copy of thIS software IS purchased lor each node or
terminal on which Software IS to be used SimUltaneously
CUSTOMER shall not use. make. manulacfure. or reproduce copies of Software except tor use on one computer
and as IS specifically proVided
10
thIS Software license Customer IS expressly prohlb!ted tram dlSassembllOg the
Software
CUSTOMER IS permlfted 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 exfent the
Software allows a backup copy to be made. However. for TRSDDS Software. CUSTOMER IS permlfted to make a
limited number of additional copies for CUSTDMERS own use
CUSTOMER may resell or dlStlibute unmodified copies of the Software provided CUSTDMER has purchased one
copy 01 the Software lor each one sold or dlStlibuted. The provISions of thIS Software license shall also be
applicable to third parties recelvlOg copies at the Software tram CUSTOMER
G.
All copyllght notices shall be retarned on all copies of the Software
V.
APPLICABILITY OF WARRANTY
A
The terms and conditions of thIS Warranty are applicable as between RADID SHACK and CUSTOMER to either a
sale of fhe Equlpmenf and or Software license to CUSTOMER or fa a transaction whereby Radio Shack sells or
conveys such EqUipment to a thlld party for lease to CUSTOMER
The Ilmlfaflons at lrabilify and Warranty prOVISions herein shall mure 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 lights which vary from state to sfate
686

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