Motorola V Series 120c - Manual (Page 107)

107
Warranty
by third parties, that the operation of the software
products will be uninterrupted 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 negligence) 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 financial
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 using the
Products; replace or modify them so that they become non-
infringing; or grant you a credit for such Products, as
depreciated, and accept their return. The depreciation will be an
equal amount per year over the lifetime of the Products, as
established by Motorola.
User.Guide.Tarpon.book Page 107 Thursday, April 26, 2001 2:23 PM