
TERMS AND CONDITIONS OF SALE AND LICENSE OF RADIOSHACK COMPUTER EQUIPMENT AND SOFTWARE
PURCHASED FROM A RADIO SHACKCOMPANY-OWNED COMPUTER CENTER, RETAIL STORE OR FROMA
RADIO SHACKFRANCHISEE OR DEALER AT ITSAUTHORIZED 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. CUSTOMERassumes full responsibilityfor the condition and effectiveness of the operating environment in which the Equipment and Software are to
function, and for its installation.
II. RADIO SHACKLIMITED WARRANTIES ANDCONDITIONS 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 cabinethas been opened, or if the Equipment or Software has been
subjected to improper or abnormaluse. If a manufacturing defect is discovered during the stated warranty period, the defective Equipment must be
returned to a Radio Shack ComputerCenter, a RadioShackretailstore,participatingRadio Shackfranchisee 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, atRADIO SHACK’S election and sole expense. RADIO SHACK
has no obligation to replace orrepairexpendable items.
B. RADIO SHACKmakes no warranty as to the design, capability, capacity, or suitabilityfor use of the Software, except as provided in thisparagraph.
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 Shackdealer along with the salesdocument.
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 impliedwarranty lasts, so the above limitation(s) maynot apply toCUSTOMER.
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 shallnot be liable for any damagescaused bydelay in delivering orfurnishing 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
causeof actionhas 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 statesdo not allow the limitation or exclusion ofincidentalor 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 asotherwise provided in this Software License, applicable copyright lawsshallapply 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 useSoftwareon one host computer and accessthat Software throughone ormore terminalsif the Software permits thisfunction.
D. CUSTOMER shall not use, make, manufacture, or reproduce copies of Software except for use on one computer and as is specifically provided in
thisSoftware License.Customeris expressly prohibited fromdisassembling 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 ofone computerwith the Software, but only to the extentthe Software allowsa backup copy to be made. However, for TRSDOS Software,
CUSTOMER ispermitted to make a limitednumber of additional copies forCUSTOMER’S own use.
F. CUSTOMERmayresellor distributeunmodified copiesof the Software providedCUSTOMER haspurchased one copy ofthe 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 anymanufacturerof the Equipment sold byRADIO 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.