
Limited
warranty
Information
the
its
of
for
the
condition
and
effectiveness
Software
is
to
function,
and
CUSTOMER
OBLIGATION
A.
CUSTOMER
assumes
full
responsibility
that
this
computer
hardware,
(the
"Equipment")
and/or
software
(the
"Software")
meets
the
specifications,
capacity,
capabilities,
versatility,
and
other
requirements
of
CUSTOMER.
B.
CUSTOMER
assumes
full
responsibility
for
operating
environment
in
which
the
Equipment
and
installation.
1.
II.
RADIO
SHACK
LIMITED
WARRANTIES
AND
CONDITIONS
OF
SALE
A.
For
a
per
iod
of
ninety
(90)
calendar
days
from
the
date
of
the
Radio
Shack
sales
ticket,
RADIO
SHACK
warrants
to
the
original
CUSTOMER
that
the
Equipment
and
the
cassettes
and/or
diskettes
containing
software
programs
are
free
from
defects.
This
warranty
is
only
applicable
to
purchases
from
RADIO
SHACK
company-owned
Computer
Centers,
retai
1
stores
and
through
RADIO
SHACK
franchisees
and
dealers.
The
warranty
is
void
if
the
unit's
case
or
cabinet
has
been
opened,
or
if
the
unit
has
been
subjected
to
improper
or
abnormal
use.
If
a
defect
occurs
during
the
warranty
period,
the
defective
Equipment
must
be
returned
to
a
Radio
Shack
Computer
Center,
a
Rad
io
Shack
retai
1
store,
partic
ipating
franchisee
or
dealer
for
repair,
along
with
a
copy
of
the
sales
ticket
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
complete
refund,
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
Equipment
or
Software.
Software
is
licensed
on
an
"AS
IS"
basis,
without
warranty.
CUSTOMER'S
exclusive
remedy,
in
the
event
of
a
software
defect
is
its
repair
or
replacement
within
thirty
(30)
calendar
days
of
the
date
of
purchase
upon
its
return
to
a
Radio
Shack
Computer
Center,
Radio
Shack
retail
store,
participating
franchisee
or
dealer
along
with
the
sales
ticket.
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
APARTICULAR PURPOSE.
F.
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 WI'rH RESPECT
TO
ANY
LIABILITY,
LOSS
OR
DAMAGE
CAUSED
OR
ALLEGED
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
BUS
INESS
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,
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
'rHE
AMOUNT
PAID
BY
CUSTOMER
FOR
'rHE
PARTICULAR "EQUIPMENT"
OR
"SOFTWARE" INVOLVED.
B.
RADIO
SHACK
shall
not
be
liable
for
any
damages
caused
by
delay
in
delivering
or
furnishing
any
Equipment
or
Software.
C.
No
action
ar
is
ing
our
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
ticket
for
the
Equipment
or
Software
whichever
first
occurs.
D.
Some
states
do
not
allow
the
exclusion
or
limitation
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
application
or
system
Software
and/or
the
RADIO
SHACK
system
Software
(including
firmware)
installed
in
or
provided
with
the
Equipment
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.
CUS'rOMER
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.
D.
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.
E.
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.
F.
All
copyright
notices
shall
be
retained
on
all
copies
of
the
Software.
herein
shall
insure
to
the
Software
to
RADIO SHACK,
and
or
Software
licensed
by
RADIO
V.
APPLICABILITY
OF
WARRANTY
A.
The
terms
and
conditions
of
this
WARRANTY
are
applicable
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
and/or
Software
to
a
third
party
for
lease
to
CUSTOMER.
B.
The
limitations
of
liability
and
warranty
provisions
benefit
of
RADIO SHACK,
the
owner
and/or
licensor
of
RADIO
SHACK
any
author
or
manufacturer
of
computer
hardware
or
Equipment
sold
SHACK.
VII.
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.