Motorola L7082 Manual page 87

address at the end of this document. The unit or accessories,
together with any detachable parts such as antennas, battery
packs, and chargers, must be delivered to a qualified Motorola
Service Center, or a Motorola- qualified service shop,
transportation and insurance prepaid. When sent or brought to
the servicer, the Radiotelephone Product must be accompanied
by your name, address, and telephone number, name of Service
Provider, and a description of the problem.
V. General Provisions:
This warranty sets forth our responsibilities regarding this
product. Repair, replacement or refund of the purchase price at
Motorola's option, is your exclusive remedy. This warranty is
given in lieu of all other express warranties, implied warranties,
including without limitation implied warranties of merchantability
and fitness for a particular purpose, are limited to the duration of
this limited warranty. Further, as the Service Provider is not
controlled by Motorola, no warranty is made as to coverage,
availability or grade of service provided by the Service Provider. In
no event shall Motorola be liable for damages in excess of the
purchase price of the PCS radiotelephone product, for any loss of
use, loss of time, inconvenience, commercial damages arising out
of the use or inability to use such product, to the full extent such
may be disclaimed by law.
VI. Patent And Software Provisions:
Motorola will defend at its own expense, any suit brought
against you to the extent that it is based on a claim that the PCS
Subscriber Radiotelephone Product parts infringes a United States
patent, and Motorola will pay those costs and damages finally
awarded against you in any such suit which are 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 you 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 PCS Radiotelephone, accessory, battery 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 you will permit Motorola, at its option and expense,
either to procure for you the right to continue using the PCS
Radiotelephone or parts or to replace or modify the same so
that it becomes non- infringing or to grant you a credit for
such PCS Radiotelephone or parts as depreciated and accept
its return. The depreciation will be an equal amount per year
over the lifetime of the PCS Subscriber Radiotelephone,
accessories, battery or parts as established by Motorola.
Motorola will have no liability to you with respect to any claim of
patent infringement which is based upon the combination of the
PCS Radiotelephone 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 PCS Radiotelephone. The foregoing states
the entire liability of Motorola with respect to infringement of
patents by the PCS Radiotelephone, 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 PCS
Subscriber Radiotelephone Product associated with such
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