Patent And Software Provisions; What Other Limitations Are There - Motorola i1 Manual

Product, Accessory or Software, including but not limited to personal contacts,
games and ringer tones, will be reinstalled. To avoid losing such data, software and
applications please create a back up prior to requesting service.
How to Obtain Warranty Service or Other
Information
To obtain service or information, please call:
Motorola iDEN Customer Services: 1-800-453-0920 (United States), 954-723-4910
(United States), or 1-800-461-4575 (Canada)
TTY: 1-877-483-2840 (United States)
Or visit us online at www.motorola.com/repair (United States) or
www.motorola.com/support (Canada).
You will receive instructions on how to ship the Products, Accessories or Software,
at your expense, to a Motorola Authorized Repair Center. To obtain service, you must
include: (a) a copy of your receipt, bill of sale or other comparable proof of purchase;
(b) a written description of the problem; (c) the name of your service provider, if
applicable; (d) the name and location of the installation facility (if applicable) and,
most importantly; (e) your address and telephone number.

What Other Limitations are There?

ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
SHALL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY, OTHERWISE
THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED UNDER THIS EXPRESS
LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER, AND IS
PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OF IMPLIED. 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, 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.
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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 devices not furnished by MOTOROLA, nor will