Motorola XTSTM 1500 manual VI. Patent and Software Provisions

Commercial Warranty

the time the Product was initially distributed from

MOTOROLA.

J)Scratches or other cosmetic damage to Product surfaces that does not affect 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 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 non-infringing or to grant such purchaser a credit for the Product or parts as depreciated and accept its return. The depreciation will be an equal amount per year over the lifetime of the Product or parts as established by

MOTOROLA.

MOTOROLA will have no liability with respect to any claim of patent infringement which is based upon the combination of the Product or parts furnished hereunder with software, apparatus or devices not furnished by MOTOROLA, nor will MOTOROLA have any liability for

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