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
ACUSTOMER assumes full responsibility that this computer hardware purchased (the "Equipment"), and any copies of software included with the
Equipment or licensed separately (the "Software") meets the specifications, capacity, capabilities, versatility, and other requirements of CUSTOMER
BCUSTOMER assumes full responsibility for the condition and effectiveness of the operating environment in which the Equipment and Software are to
Junction, and for its installation.
LIMITED WARRANTIES AND CONDITIONS OF SALE
A. For aperiod 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 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 if the Equipment or Software has been subjected to
improper or abnormal use. If amanufacturing defect is discovered during the stated warranty period, the defective Equipment must be returned to a
Radio Shack Computer Center, aRadio Shack retail store, aparticipating Radio Shack franchisee or aparticipating Radio Shack dealer for repair, along
with acopy of the sales document or lease agreement The original CUSTOMER'S sole and exclusive remedy in the event of adefect 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.
BRADIO 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 aSoftware 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 aRadio Shack Computer Center, aRadio Shack retail store, aparticipating Radio Shack franchisee or Radio
Shack dealer along with the sales document
CExcept 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
DEXCEPT AS PROVIDED HEREIN, RADIO SHACK MAKES NO EXPRESS WARRANTIES, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR APARTICULAR PURPOSE IS LIMITED IN ITS DURATION TO THE DURATION OF THE WRITTEN LIMITED WARRANTIES SET FORTH
HEREIN.
ESome states do not allow limitations on how long an implied warranty lasts, so the above limitations} may not apply to CUSTOMER
LIMITATION OF LIABILITY
AEXCEPT 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.
BRADIO SHACK shall not be liable for any damages caused by delay in delivering or furnishing Equipment and or Software
CNo 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
DSome 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 anon-exclusive paid-up license to use the TANDY Software on one computer, subject to the following provisions
AExcept as otherwise provided in this Software License applicable copyright laws shall apply to the Software
BTitle 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
CCUSTOMER may use Software on amultiuser or network system only if either, the Software is expressly labeled to be for use on amultiuser or network
system, or one copy of this software is purchased for each node or terminal on which Software is to be used simultaneously
DCUSTOMER 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
ECUSTOMER 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 abackup copy to be made However for TRSDOS Software
CUSTOMER is permitted to make alimited number of additional copies for CUSTOMER'S own use
FCUSTOMER 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
GAll copyright notices shall be retained on all copies of the Software
APPLICABILITY OF WARRANTY
AThe 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 atransaction whereby Radio Shack sells or conveys such Equipment to athird party for lease to CUSTOMER.
BThe limitations of liability 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
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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