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Commercial Warranty
English
77
VI. PATENT AND SOFTWARE PROVISIONS:
MOTOROLA will defend, at its own expense, any suit brought
against the end user purchaser to the extent that it is based on a
claim that the Product or parts infringe a United States patent, and
MOTOROLA will pay those costs and damages finally awarded
against the end user purchaser in any such suit which are
attributable to any such claim, but such defense and payments are
conditioned on the following:
A) that MOTOROLA will be notified promptly in writing by such
purchaser of any notice of such claim;
B) that MOTOROLA will have sole control of the defense of such
suit and all negotiations for its settlement or compromise; and
C)should the Product or parts become, or in MOTOROLA’s opinion
be likely to become, the subject of a claim of infringement of a
United States patent, that such purchaser will permit
MOTOROLA, at its option and expense, either to procure for
such purchaser the right to continue using the Product or parts or
to replace or modify the same so that it becomes non-infringing
or to grant such purchaser a credit for the Product or parts as
depreciated and accept its return. The depreciation will be an
equal amount per year over the lifetime of the Product or parts as
established by MOTOROLA.
MOTOROLA will have no liability with respect to any claim of patent
infringement which is based upon the combination of the Product or
parts furnished hereunder with software, apparatus or devices not
furnished by MOTOROLA, nor will MOTOROLA have any liability
for the use of ancillary equipment or software not furnished by
MOTOROLA which is attached to or used in connection with the
Product. The foregoing states the entire liability of MOTOROLA with
respect to infringement of patents by the Product or any parts
thereof.
Laws in the United States and other countries preserve for
MOTOROLA certain exclusive rights for copyrighted MOTOROLA
software such as the exclusive rights to reproduce in copies and
distribute copies of such MOTOROLA software. MOTOROLA
software may be used in only the Product in which the software was
originally embodied and such software in such Product may not be
replaced, copied, distributed, modified in any way, or used to
produce any derivative thereof. No other use including, without
limitation, alteration, modification, reproduction, distribution, or
reverse engineering of such MOTOROLA software or exercise of
rights in such MOTOROLA software is permitted. No license is
granted by implication, estoppel or otherwise under MOTOROLA
patent rights or copyrights.
VII. GOVERNING LAW:
This Warranty is governed by the laws of the State of Illinois, U.S.A.
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