Motorola i335 - Manual (Page 86)

82 Safety Information
SOFTWARE TO THE FULL EXTENT THESE
DAMAGES MAY BE DISCLAIMED BY LAW.
Some states and jurisdictions do not allow the
limitation or exclusion of incidental or
consequential damages, or limitation on the length
of an implied warranty, so the above limitations or
exclusions may not apply to you. This warranty
gives you specific legal rights, and you may also
have other rights that vary from state to state or
from one jurisdiction to another.
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 and distribute copies
of the Motorola software. Motorola software may
only be copied into, used in, and redistributed with,
the Products associated with such Motorola
software. No other use, including without
limitation disassembly of such Motorola software
or exercise of the exclusive rights reserved for
Motorola, is permitted.
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.
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 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