32
English
WARRANTY
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.
08_Warranty.fm Page 32 Thursday, August 7, 2003 12:11 PM
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