Patent And Software Provisions; Governing Law - Motorola APX 8500 Installation Manual

Commercial Warranty
I. A Product which, due to illegal or unauthorized alteration of the software/firmware in the
Product, does not function in accordance with MOTOROLA SOLUTIONS's published
specifications or the FCC certification labeling in effect for the Product at the time the Product
was initially distributed from MOTOROLA SOLUTIONS.
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.
VI. Patent And Software Provisions
MOTOROLA SOLUTIONS 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 SOLUTIONS 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 SOLUTIONS will be notified promptly in writing by such purchaser of any
notice of such claim;
B. that MOTOROLA SOLUTIONS 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 SOLUTIONS's opinion be likely to
become, the subject of a claim of infringement of a United States patent, that such purchaser
will permit MOTOROLA SOLUTIONS, 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 SOLUTIONS.
MOTOROLA SOLUTIONS 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 SOLUTIONS, nor will MOTOROLA SOLUTIONS have any
liability for the use of ancillary equipment or software not furnished by MOTOROLA SOLUTIONS
which is attached to or used in connection with the Product. The foregoing states the entire liability of
MOTOROLA SOLUTIONS with respect to infringement of patents by the Product or any parts
thereof.
Laws in the United States and other countries preserve for MOTOROLA SOLUTIONS certain
exclusive rights for copyrighted MOTOROLA SOLUTIONS software such as the exclusive rights to
reproduce in copies and distribute copies of such Motorola Solutions software. MOTOROLA
SOLUTIONS 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
SOLUTIONS software or exercise of rights in such MOTOROLA SOLUTIONS software is permitted.
No license is granted by implication, estoppel or otherwise under MOTOROLA SOLUTIONS patent
rights or copyrights.
VII. Governing Law
This Warranty is governed by the laws of the State of Illinois, USA.
MN003109A01_aa
Draft
xvii