Motorola H76XAH6JR7BN - Manual (Page 99)

Legal and Safety 95
• Normal and customary wear and tear.
• Exclusion for defects or damage arising from use of the
products in connection with non-MOTOROLA equipment.
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 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:
• That MOTOROLA will be notified promptly in writing by
such purchaser of any notice of such claim;
• That MOTOROLA will have sole control of the defense of
such suit and all negotiations for its settlement or
compromise; and
• Should the Product or parts become, or in MOTOROLA’S
opinion be likely to become, the subject of a claim of
infringement of a 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 sued in
connection with the Product or any parts thereof. In no event shall
MOTOROLA be liable for any incidental, special or consequential
damages arising from any claim of patent infringement or alleged
infringement.
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 or
rights in such MOTOROLA software is permitted. No license is
granted by implication, estoppel or otherwise under MOTOROLA
patent rights or copyrights.