Legal and Safety
111
MOTOROLA BE LIABLE, WHETHER IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE
PURCHASE PRICE OF THE PRODUCT, ACCESSORY OR SOFTWARE,
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, SOFTWARE OR APPLICATIONS OR
OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION
WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS,
ACCESSORIES OR 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 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
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