Commercial Warranty
ix
J) Scratches or other cosmetic damage to Product surfaces that does not
affect the operation of the Product.
K) Normal and customary wear and tear.
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, USA.
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