Motorola XPR 4300 설치 매뉴얼 - 페이지 11

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Commercial Warranty

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 con-

tinue using the Product or parts or to replace or modify the same so that it becomes nonin-

fringing 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 the use of ancillary

equipment or software not furnished by MOTOROLA which is attached to or used in connection with

the Product. The foregoing states the entire liability of MOTOROLA with respect to infringement of

patents by the Product 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 used in only the Product in which

the software was originally embodied and such software in such Product may not be replaced,

copied, distributed, modified in any way, or used to produce any derivative thereof. No other use

including, without limitation, alteration, modification, reproduction, distribution, or reverse

engineering of such MOTOROLA software or exercise of rights in such MOTOROLA software is

permitted. No license is granted by implication, estoppel or otherwise under MOTOROLA patent

rights or copyrights.

VII. Governing Law

This Warranty is governed by the laws of the State of Illinois, USA.

6816812H01

March 23, 2006