Patent And Softwarep Provisions; Vii. Governing Law - Motorola ASTRO XTSTM 2500 Basic Service Manual

VI. Patent And
Software Provisions

VII. Governing Law

I) A Product which, due to illegal or unauthorized alteration of the software/
firmware in the Product, does not function in accordance with MOTOROLA's
published specifications or 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 affect
the operation of the Product.
K) Normal and customary wear and tear.
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 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 noninfringing 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.
MOTOROLA will have no liability 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 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 used in only the Product in which the software was
originally embodied and such software in such Product may not be replaced,
copied, distributed, modified in any way, or used to produce any derivative thereof.
No other use including, without limitation, alteration, modification, reproduction,
distribution, or reverse engineering of such MOTOROLA software or exercise of
rights in such MOTOROLA software is permitted. No license is granted by
implication, estoppel or otherwise under MOTOROLA patent rights or copyrights.
This Warranty is governed by the laws of the State of Illinois, USA.
Commercial Warranty
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