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Motorola Talkabout T5320 User Manual page 32

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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
Products.
IX. State Law and Other Jurisdiction Rights
29

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