Patent and software provisions – Boost Mobile i855 User Manual

Page 71

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Safety Information

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 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 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 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 used in

connection with the Product or any parts thereof.
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

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