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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 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 or Canada 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 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.
Limited Warranty Motorola Communication Products
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