User's Manual

Limited Warranty

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.

MOTOROLA will have no liability to you with respect to any claim of patent

infringement that is based upon the combination of the Products or parts furnished

under this limited warranty with ancillary equipment, as defined in VI.

This is MOTOROLA’s entire liability with respect to infringement of patents by the

Products.

warranty.fm Page 34 Tuesday, August 30, 2005 12:56 PM