Motorola Limited Warranty
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
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
120warranty with ancillary equipment, as defined in VI., above.
