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accordance with MOTOROLA’s published
specifications or the FCC type acceptance
labeling in effect for the Product at the time
the Product was initially distributed from
MOTOROLA.
J)
Scratches or other cosmetic damage to
Product surfaces that does not affect the
operation of the Product.
K) Normal and customary wear and tear.
VI. 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. 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
6881088C42_EN.book Page 97 Thursday, May 6, 2010 7:49 PM
