Motorola Personal Communicator - Manual (Page 47)

Mo
tor
ol
a Limited
W
arr
ant
y
45
VIII.Patent and Software Provisions
At Motorola’s expense, we will defend you, and pay costs and damages that may
be finally awarded against you, to the extent that a lawsuit is based on a claim
that the Products directly infringe a United States patent. Our obligation is condi-
tioned on: (a) you notifying us promptly in writing when you receive notice of the
claim; (b) you giving us 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, you permit us, at our option and expense, either to: procure
for you the right to continue using the Products; replace or modify them so that
they become non-infringing; or grant you a credit for such Products, as depreci-
ated, and accept their return. The depreciation will be an equal amount per year
over the lifetime of the Products, as established by Motorola.
Motorola will have no liability to you with respect to any claim of patent infringe-
ment that is based upon the combination of the Products or parts furnished
under this limited warranty with ancillary equipment, as defined in VI., above.
This is Motorola’s entire liability with respect to infringement of patents by the
Products.
Laws in the United States and other countries preserve for Motorola and other
third party software providers certain exclusive rights for copyrighted software,
Accompli Quick Start Guide.book Page 45 Wednesday, October 17, 2001 8:35 AM