Patent And Software Provisions - Motorola Clutch+ I475 User Manual

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.
58