Motorola C331 TDMA Instruction Manual download pdf (Page 165)

165

Warranty

VIII. Patent and Software Provisions

At Motorola’s expense, we will defend you, and pay costs and

damages that may be ﬁnally awarded against you, to the

extent that a lawsuit is based on a claim that the Products

directly infringe a United States patent. Our obligation is

conditioned on: (a) you notifying us promptly in writing when

you receive notice of the claim; (b) you giving us sole control

of the defense of the suit and all negotiations for its settlement

or compromise; and (c) should the Products become, or in

Motorola's opinion be likely to become, the subject of a claim

of infringement of a United States patent, you permit us, at our

option and expense, either to: procure for you the right to

continue using the Products; replace or modify them so that

they become non-infringing; or grant you a credit for such

Products, as depreciated, and accept their return. The

depreciation will be an equal amount per year over the lifetime

of the Products, as established by Motorola.

Motorola will have no liability to you with respect to any claim

of patent infringement that is based upon the combination of

the Products or parts furnished under this limited warranty

with ancillary equipment, as deﬁned in VI., above.

This is Motorola’s entire liability with respect to

infringement of patents by the Products.

IX. State Law and Other Jurisdiction Rights

Some states and other jurisdictions do not allow the exclusion

or limitation of incidental or consequential damages, or

limitation on the length of an implied warranty, so the above

limitations or exclusions may not apply to you.

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Motorola C331 TDMA Instruction Manual Page 165