Motorola ASTRO Series Installation Manual - Page 18

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MN005720A01-AB

Commercial Warranty

VI. Patent And Software Provisions

Motorola Solutions 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 Solutions 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:

•

Motorola Solutions will be notified promptly in writing by such purchaser of any notice of such claim.

•

Motorola Solutions will have sole control of the defense of such suit and all negotiations for its

settlement or compromise.

•

Product or parts become, or in Motorola Solutions opinion be likely to become, the subject of a

claim of infringement of a United States patent, that such purchaser will permit Motorola Solutions,

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 noninfringing 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

Solutions.

Motorola Solutions 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 Solutions, nor will Motorola Solutions have any liability for the use of ancillary

equipment or software not furnished by Motorola Solutions which is attached to or used in connection

with the Product. The foregoing states the entire liability of Motorola Solutions with respect to

infringement of patents by the Product or any parts thereof.

Laws in the United States and other countries preserve for Motorola Solutions certain exclusive rights

for copyrighted Motorola Solutions software such as the exclusive rights to reproduce in copies and

distribute copies of such Motorola Solutions software. Motorola Solutions 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 Solutions software or exercise of rights in such Motorola Solutions

software is permitted. No license is granted by implication, estoppel or otherwise under Motorola

Solutions patent rights or copyrights.

VII. Governing Law

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