Motorola 2001 Portable Cell Phone Owner's Manual page 63

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.
Motorola will have no liability to you with respect to any
claim of patent infringement that is based upon the
combination of the Products or parts furnished under this
limited warranty with ancillary equipment, as defined in VI.,
above.
This is Motorola's entire liability with respect to infringement
of patents by the Products.
Laws in the United States and other countries preserve for
Motorola and other third party software providers certain
exclusive rights for copyrighted software, such as the
exclusive rights to reproduce in copies and distribute copies
of such software. The software may be copied into, used in
and redistributed with only those Products that are
associated with such software. No other use, including
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