Limited Warranty Motorola Communication Products
the FCC type acceptance labeling in effect for the Product at the time the Product was initially distributed from
MOTOROLA.
j.Scratches or other cosmetic damage to Product surfaces that does not effect the operation of the Product.
k.Normal and customary wear and tear.
VI. 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 parts infringe a United States or Canada patent, and Motorola will pay those costs and damages 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:
a.That MOTOROLA will be notified promptly in writing by such purchaser of any notice of such claim;
b.That MOTOROLA will have sole control of the defense of such suit and all negotiations for its settlement or compromise; and
c.Should the Product or 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 purchaser will permit MOTOROLA, at its option and expense, either to procure for such purchaser the right to continue using the Product or parts or to replace or modify the same so that it becomes
63
