Motorola SATELLITE SERIES 9505 User Manual page 203

5. General Provisions:
THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER,
BECAUSE THE SATELLITE SYSTEM, THE GATEWAY, AND THE LOCAL SATELLITE
SERVICE PROVIDER ARE NOT CONTROLLED BY MOTOROLA, NO WARRANTY IS
MADE AS TO COVERAGE, AVAILABILITY, OR GRADE OF SERVICE PROVIDED BY
THE SATELLITE CARRIER. IN NO EVENT SHALL MOTOROLA BE LIABLE FOR
DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT IN
QUESTION, OR FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE,
COMMERCIAL LOSS, LOST PROFITS 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.
6. Patent and Software Provisions
Motorola will defend at its own expense, any suit brought against Purchaser to the
extent that it is based on a claim that the Product infringes a United States patent, and
Motorola will pay those costs and damages finally awarded against Purchaser in any
such suit which is 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
Purchaser of any notice of such claim; and (ii) that Motorola will have sole control of the
defense of such suit and all negotiations for its settlement or compromise; and (iii)
should the Product become, or in Motorola 's opinion be likely to become, the subject of
a claim of infringement of a United States patent that Purchaser will permit Motorola, at
its option and expense, either to procure for 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 Purchaser a credit for such Product or parts as depreciated and accept its
Product or parts or to replace or modify the same so that it becomes non-infringing or to
grant Purchaser a credit for such Product or parts as depreciated and accept its return.
The depreciation will be an equal amount per year over the lifetime of the Product,
accessories, battery or parts as established by Motorola.
Motorola will have no liability to Purchaser with respect to any claim of patent
infringement which is based upon the combination of the Product or parts
furnished hereunder with software, apparatus or devices not furnished by
Motorola, nor will Motorola have any liability for the use of ancillary equipment or
software not furnished by Motorola which is attached to or used in connection
with the Product. The foregoing states the entire liability of Motorola with respect
to infringement of patents by the Product, 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 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.
Warranty Information 199