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Commercial Warranty
the time the Product was initially distributed from
MOTOROLA.
J) Scratches or other cosmetic damage to Product surfaces that
does not affect the operation of the Product.
K) Normal and customary wear and tear.
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 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
94C26-K_XTS5000Mdl2.book Page 142 Friday, April 25, 2008 9:48 PM