Motorola Talkabout T6400 User Manual download pdf (Page 57)

Motorola Limited Warranty

In no event shall Motorola be liable, whether in contract or tort (including

negligence) for damages in excess of the purchase price of the Product, or for

any indirect, incidental, special or consequential damages of any kind, or loss

of revenue or profits, loss of business, loss of information or data, or other

financial loss arising out of or in connection with the ability or inability to use

the Products, to the full extent these damages may be disclaimed by law.

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.

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Motorola Talkabout T6400 User Manual Page 57