Personal Communicator User's Guide
Motorola Limited Warranty
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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.
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.










