Motorola XTS 2500 Basic Service Manual page 13

VI. Patent And Software
Provisions
VII. Governing Law
I) A Product which, due to illegal or unauthorized alteration of the software/firmware in
the Product, does not function in 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.
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 noninfringing 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 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, modified in any way, or used to
produce any derivative thereof. No other use including, without limitation, alteration,
modification, reproduction, distribution, or reverse engineering of such MOTOROLA
software or exercise of rights in such MOTOROLA software is permitted. No license is
granted by implication, estoppel or otherwise under MOTOROLA patent rights or
copyrights.
This Warranty is governed by the laws of the State of Illinois, USA.
Commercial Warranty
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