Motorola i700plus User Manual page 96

j. Scratches or other cosmetic damage to Product surfaces that does not effect
the operation of the Product.
k. Normal and customary wear and tear.
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 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; and
c. Should the Product 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
such purchaser will permit MOTOROLA, 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 non-infringing 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.
MOTOROLA 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, 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 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 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 software or exercise or rights in such MOTOROLA software is permitted.
No license is granted by implication, estoppel or otherwise under MOTOROLA patent
rights or copyrights.
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