Motorola T6320 - Manual (Page 53)

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V. General Provisions:
THIS IS THE COMPLETE WARRANTY FOR THIS PRODUCT BY MOTOROLA AND SETS
FORTH YOUR EXCLUSIVE REMEDIES. THIS WARRANTY IS GIVEN IN LIEU OF ALL
OTHER EXPRESS WARRANTIES. IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE GIVEN ONLY IF SPECIFICALLY REQUIRED BY
APPLICABLE LAW. OTHERWISE, THEY ARE SPECIFICALLY EXCLUDED. IN NO EVENT
SHALL MOTOROLA BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE
OF THE ACCESSORY, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
PRODUCT, TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW.
VI. 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 finally awarded against you in any such suit which is attributable to any
such claim. The defense and payments by Motorola are conditioned 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,