User's Manual

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13. Non-Motorola manufactured equipment unless bearing
a Motorola Part Number in the form of an alpha
numeric number (i.e., TDE6030B).
14. Lift trucks for installation, removal, replacement or
repair of the Motorola supplied products from light,
power, telephone poles etc.
15. Dispatch to remote site locations.
16. Loading of software upgrades or fixes into the devices.
Governing Law
In the case of a Product sold in the United States and Can-
ada, this Warranty is governed by the laws of the State of
Illinois and the Province of Ontario, respectively.
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 dam-
ages 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:
1. that Motorola will be notified promptly in writing by
such purchaser of any notice of such claim;
2. that Motorola will have sole control of the defense of
such suit and all negotiations for its settlement or com-
promise; and
3. 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 pur-
chaser will permit Motorola, at its option and expense,
either to procure for such purchaser the right to con-
tinue 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 depreciated and accept its return. The deprecia-
tion will be an equal amount per year over the lifetime
of the Product or its 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 its parts furnished hereunder with soft-
ware, 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. The
foregoing states the entire liability of Motorola with respect
to infringement of patents by the Product or any its 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 distribute copies of such Motorola software. Motorola
software may be used in only the Product in which the soft-
ware was originally embodied and such software in such
Product may not be replaced, copied, distributed, modified
in any way, or used to produce any derivative thereof. No
other use including, without limitation, alteration, modifi-
cation, reproduction, distribution, or reverse engineering of
such Motorola software or exercise of rights in such Motor-
ola software is permitted. No license is granted by implica-
tion, estoppel or otherwise under Motorola patent rights or
copyrights.