Motorola PCS telephone Quick Reference page 78

V General Provisions:
This warranty sets forth our responsibilities regarding this product. Repair,
replacement or refund of the purchase price at Motorola's option, is your
exclusive remedy. This warranty is given in lieu of all other express warranties,
implied warranties, including without limitation implied warranties of
merchantability and fitness for a particular purpose, are limited to the
duration of this limited warranty. Further, as the Service Provider is not
controlled by Motorola, no warranty is made as to coverage, availability or
grade of service provided by the Service Provider. In no event shall Motorola
be liable for damages in excess of the purchase price of the PCS radiotele-
phone product, for any loss of use, loss of time, inconvenience, commercial
loss, lost profit or savings or other incidental, special or consequential
damages arising out of the use or inability to use such product, to the full
extent such may be disclaimed by law.
VI. Patent And Software Provisions:
Motorola will defend at its own expense, any suit brought against you to the
extent that it is based on a claim that the PCS Subscriber Radiotelephone
Product parts infringes a United States patent, and Motorola will pay those
cost and damages finally awarded against you in any such suit which are
attributable to any such claim, but such defense and payments are
conditioned on the following
i.
that Motorola will be notified promptly in writing by you of any notice
of such claim; and
ii.
that Motorola will have sole control of the defense of such suit and all
negotiation for its settlement or compromise: and
iii.
should the Radiotelephone, accessory, battery or parts become, or in
Motorola's opinion be likely to become the subject of a claim of infringe-
ment of a United States Patent that you will permit Motorola, at its
option and expense, either to procure for you the right to continue using
the PCS Radiotelephone or parts or to replace or modify the same so
that it becomes non-infringing or to grant you a credit for such PCS
Radiotelephone or parts as depreciated and accept its return. The
depreciation will be an equal amount per year over the lifetime of the
76
What to do if...
PCS Subscriber Radiotelephone, accessories, battery or parts as
established by Motorola.
Motorola will have no liability to you with respect to any claim of patent
infringement which is based upon the combination of the PCS Radiotele-
phone or parts furnished hereunder with software, apparatus or devices not
furnished by Motorola which is attached to or used in connection with the
PCS Radiotelephone; nor will Motorola have any liability for the use of
ancillary equipment or software not furnished by Motorola. The foregoing
states the entire liability of Motorola with respect to infringement of patents
by the PCS Radiotelephone, accessories, batteries 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 copied into, used in and redistributed
with only the PCS Subscriber Radiotelephone Product associated with such
Motorola software. No other use, including without limitation disassembly,
of such Motorola software or exercise of exclusive rights in such Motorola
software is permitted.
VII. State Law Rights:
Some states do not allow the exclusion or limitation of incidental or
consequential damages, or limitations on how long an implied warranty
lasts, 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 which vary from state to state.