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 Limited Warranty
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