Programming instructions

165
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., above.
This is Motorola’s entire liability with respect to
infringement of patents by the Products.
IX. State Law and Other Jurisdiction Rights
Some states and other jurisdictions do not allow the exclusion
or limitation 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.