Motorola PCS Cellular Telephone General Provisions, VI. Patent And Software Provisions

V. General Provisions:

This warranty sets forth our responsibilities regarding this product. Repair, replacement or refund of the purchase price at Motorola’s option, is your exclusive remedy. This warranty is given in lieu of all other express warranties, implied warranties, including without limitation implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of this limited warranty. Further, as the Service Provider is not controlled by Motorola, no warranty is made as to coverage, availability or grade of service provided by the Service Provider. In no event shall Motorola be liable for damages in excess of the purchase price of the PCS radiotelephone product, for any loss of use, loss of time, inconvenience, commercial damages arising out of the use or inability to use such product, to the full extent such 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 PCS Subscriber Radiotelephone Product parts infringes a United States patent, and Motorola will pay those costs and damages finally awarded against you in any such suit which are attributable to any such claim, but such defense and payments are conditioned on the following:

(i)that Motorola will be notified promptly in writing by you of any notice of such claim; and

(ii)that Motorola will have sole control of the defense of such suit and all negotiations for its settlement or compromise; and

(iii)should the PCS Radiotelephone, accessory, battery 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 you will permit Motorola, at its option and expense, either to procure for you the right to continue using the PCS Radiotelephone or parts or to replace or modify the same so that it becomes non- infringing or to grant you a credit for such PCS Radiotelephone or parts as depreciated and accept its return. The depreciation will be an equal amount per year over the lifetime of the PCS Subscriber Radiotelephone, accessories, battery or parts as established by Motorola.

Motorola will have no liability to you with respect to any claim of patent infringement which is based upon the combination of the PCS Radiotelephone or parts furnished hereunder with software, 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 PCS Radiotelephone. The foregoing states the entire liability of Motorola with respect to infringement of patents by the PCS Radiotelephone, accessories, batteries or any 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 copied into, used in and redistributed with only the PCS Subscriber Radiotelephone Product associated with such Motorola software. No other use, including without limitation disassembly, of such Motorola software or exercise of exclusive rights in such Motorola software is permitted.

English 66 Motorola Limited Warranty