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 return. The
depreciation will be an equal amount per year over the lifetime of the Products, as
established by Motorola.
Motorola will have no liability to you with respect to any claim of patent infringement
that is based upon the combination of the Products or parts furnished under this
limited warranty with ancillary equipment, as defined in VI., above.
This is Motorola's entire liability with respect to infringement of patents by the
IX. State Law and Other Jurisdiction Rights
Some states and other jurisdictions do not allow the exclusion or limitation 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,
which vary from jurisdiction to jurisdiction.