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In no event shall Motorola be liable, whether in contract or tort (including
negligence) for damages in excess of the purchase price of the Product, or
for any indirect, incidental, special or consequential damages of any kind, or
loss of revenue or profits, loss of business, loss of information or data, or
other financial loss arising out of or in connection with the ability or inability
to use the Products, to the full extent these damages may be disclaimed by
law.
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 conditioned 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 depreciated, and accept their
return. The depreciation will be an equal amount per year over the lifetime of the
Products, as established by Motorola.
1036b10a.book Page 124 Thursday, May 24, 2001 3:47 PM
Summary of Contents for V.100
Page 1: ...series User s Guide 1036b10a book Page 1 Thursday May 24 2001 3 47 PM ...
Page 2: ...1036b10a book Page 2 Thursday May 24 2001 3 47 PM ...
Page 21: ...d Control Buttons 1036b10a book Page 17 Thursday May 24 2001 3 47 PM ...
Page 109: ...e Use and Care glub X X X 1036b10a book Page 105 Thursday May 24 2001 3 47 PM ...
Page 110: ...Statement Questions 1036b10a book Page 106 Thursday May 24 2001 3 47 PM ...
Page 140: ...1036b10a book Page 136 Thursday May 24 2001 3 47 PM ...
Page 143: ...1036b10a book Page 3 Thursday May 24 2001 3 47 PM ...
Page 144: ...1036b10a book Page 4 Thursday May 24 2001 3 47 PM ...