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Motorola Titanium Manual

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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
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:
•
That MOTOROLA will be notified promptly in writing by such purchaser of any notice of
such claim;
•
That MOTOROLA will have sole control of the defense of such suit and all negotiations
for its settlement or compromise; and
•
Should the Product or parts become, or in MOTOROLA’S opinion be likely to become,
the subject of a claim of infringement of a 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 the use of ancillary equipment or software not furnished by MOTOROLA which is
attached to or sued in connection with the Product or any parts thereof. In no event shall
MOTOROLA be liable for any incidental, special or consequential damages arising from
any claim of patent infringement or alleged infringement.
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 or rights in such MOTOROLA software is permitted. No license is
granted by implication, estoppel or otherwise under MOTOROLA patent rights or
copyrights.
Motorola Limited Warranty for the United
States and Canada
War ra nt y
What Does this Warranty Cover?
Note: FOR IDEN SUBSCRIBER PRODUCTS, ACCESSORIES AND SOFTWARE
PURCHASED IN THE UNITED STATES OR CANADA.
Subject to the exclusions contained below, Motorola Mobility, Inc. warrants its Motorola
iDEN Digital Mobile and Portable Handsets ("Products"), Motorola-branded or certified
accessories sold for use with these Products ("Accessories") and Motorola software
contained on CD-Roms or other tangible media and sold for use with these Products
("Software") to be free from defects in materials and workmanship under normal consumer
usage for the period(s) outlined below.
This limited warranty is a consumer's
exclusive remedy, and applies as follows to new Products, Accessories and
Software purchased by consumers in the United States or Canada, which are
accompanied by this written warranty:
Products Covered Length of Coverage
Products as defined above. One (1) year
from the date of purchase by the
first consumer purchaser of the product unless
otherwise provided for below.
Accessories as defined above. One (1) year
from the date of purchase by the
first consumer purchaser of the product unless
otherwise provided for below.
Products or Accessories that
are Repaired or Replaced.
The balance of the original warranty or
for ninety (90) days
from the date returned to
the consumer, whichever is longer.
Software
as defined above.
Applies only to physical defects in
the media that embodies the copy
of the software (e.g. CD-ROM, or
floppy disk).
Ninety (90) days from the date of
purchase.
… 73 …


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