Motorola iDEN i500plus User Manual page 72

i500plus UserÕs Guide
j. Scratches or other cosmetic damage to Product surfaces that does
not effect 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 Þnally 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 notiÞed 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 MOTOROLAÕS opin-
ion be likely to become, the subject of a claim of infringement of
a United States patent, that such purchaser will permit MOTOR-
OLA, at its option and expense, either to procure for such pur-
chaser 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 depre-
ciated and accept its return. The depreciation will be an equal
amount per year over the lifetime of the Product or parts as estab-
lished 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
distribute copies of such MOTOROLA software. MOTOROLA
software may be used in only the Product in which the software was
originally embodied and such software in such Product may not be
replaced, copied, distributed, modiÞed in any way, or used to produce
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