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LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA,
SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN
CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, ACCESSORIES
OR SOFTWARE TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW.
Some states and jurisdictions do not allow the limitation or exclusion of incidental or
consequential damages, or limitation on the length of an implied warranty, so the above
limitations or exclusions may not apply to you. This warranty gives you specific legal
rights, and you may also have other rights that vary from state to state or from one
jurisdiction to another.
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 and
distribute copies of the Motorola software. Motorola software may only be copied into,
used in, and redistributed with, the Products associated with such Motorola software. No
other use, including without limitation disassembly of such Motorola software or exercise
of the exclusive rights reserved for Motorola, is permitted.
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
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:
•
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.
