Motorola EP350 Serie Guia Del Usuario página 38

acceptance labeling in effect for the
Product at 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
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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 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.