Motorola L3392 User Manual

Page 22

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V. GOVERNING LAW

In the case of a Product sold in the United States and Canada, this
Warranty is governed by the laws of the State of llli-nois and the
Province of Ontario respectively.

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 its 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 its 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 its 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 its parts as depredated
and accept its return. The depreciation will be an equal amount
per year over the lifetime of the product or its parts as established
by Motorola.

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