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certification labeling in effect for the Product at the time the Product was initially distributed from
MOTOROLA.
H) Scratches or other cosmetic damage to Product surfaces that does not affect the operation of the
Product.
I) 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.
68012010009_ba.book Page 19 Wednesday, July 19, 2017 4:57 PM
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