Motorola TalkAbout T900 User Manual page 82

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
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