Motorola i700plus User Manual page 99

Nextel wireless communications provider

Hide thumbs Also See for i700plus:

Table of Contents

That MOTOROLA will be notiﬁed promptly in writing by such purchaser of

any notice of such claim;

That MOTOROLA will have sole control of the defense of such suit and all

negotiations for its settlement or compromise; and

Should the Product or parts become, or in MOTOROLA'S opinion be likely to

become, the subject of a claim of infringement of a 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 sued in connection with the Product or any parts

thereof. In no event shall MOTOROLA be liable for any incidental, special or

consequential damages arising from any claim of patent infringement or alleged

infringement.

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.

Warranty Information

Table of Contents