Motorola TalkAbout T900 User Manual page 46

Talkabout t900 personal interactive communicator with flex technology

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FINACIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE OR

INABILITY TO USE THE PRODUCT, TO THE FULL EXTENT THESE DAMAGES MAY

BE DISCLAIMED BY LAW.

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 Products infringe a United States Patent. Motorola will pay

those costs and damages final awarded against you in any such suit which is attributable

to any such claim. The defense and payments by Motorola are condition on the following:

(a) that you will notify Motorola promptly in writing any notice of the claim; and (b) that

Motorola will have 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, that you

will permit Motorola, at its option and expense, either: to procure for you the right to

continue using the Products or parts; to replace or modify them so that they become non-

infringing; or to grant you a credit for such Products or parts as depreciated and accept

their return. The depreciation will be an equal amount per year over the lifetime of the

Products, 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 Products or parts furnished under this limited

warranty with software, aperture or devices not furnished by Motorola. Motorola will have

no liability for the use of ancillary or peripheral equipment of software not furnished by

Motorola which is attached to or used in connection with the Products. The forgoing states,

the entire liability of Motorola, with respect to infringement of patents by the Products,

accessories, batteries or any parts of them.

Laws in the United States and other countries preserve for Motorola certain exclusive

rights for copyrighted Motorola software such as the exclusive right to reproduce in copies

and distribute copies of the Motorola software. Motorola software may be copied into, used

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