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M)
Non-Motorola manufactured equipment unless bearing a Motorola Part Number in
the form of an alphanumeric number (e.g., TDE6030B).
V. GOVERNING LAW
In the case of a Product sold in the United States and Canada, this Warranty is governed
by the laws of the State of Illinois and the Province of Ontario respectively.
VI. PATENT AND SOFTWARE PROVISIONS:
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 its 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;
C)
Should the Product or its 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 its parts or to replace or modify the same so
that it becomes non-infringing or to grant such purchaser a credit for the Product or
its parts as depredated and accept its return. The depreciation will be an equal
amount per year over the lifetime of the product or its 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 its 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 of its parts
thereof.
viii
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