V. General Provisions:
THIS IS THE COMPLETE WARRANTY FOR THIS PRODUCT BY MOTOROLA AND SETS FORTH YOUR EXCLUSIVE REMEDIES. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES. IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE GIVEN ONLY IF SPECIFICALLY REQUIRED BY APPLICABLE LAW. OTHERWISE, THEY ARE SPECIFICALLY EXCLUDED. IN NO EVENT SHALL MOTOROLA BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE ACCESSORY, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW.
VI. Patent and Software Provisions
Motorola will defend at its own expense, any suit brought against you to the extent that it is based on a claim that the Products infringe a United States patent. Motorola will pay those costs and damages finally awarded against you in any such suit which is attributable to any such claim. The defense and payments by Motorola are conditioned on the following: (a) that you will notify Motorola promptly in writing any notice of the claim; and (b) that Motorola will have 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, that you will permit Motorola, at its option and expense, either: to procure for you the right to continue using the Products or parts; to replace or modify them so that they become
Motorola Limited Warranty
41