Motorola V101 - Manual (Page 159)

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No warranty is made that the software will meet your requirements or will work
in combination with any hardware or applications software products provided
by third parties, that the operation of the software products will be uninterrupt-
ed or error free, or that all defects in the software products will be corrected.
In no event shall Motorola be liable, whether in contract or tort (including neg-
ligence) 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 finan-
cial 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
1039b80o.book Page 155 Monday, December 17, 2001 2:00 PM