User's Manual

iv
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 attribut-
able to any such claim, but such defense and payments are condi-
tioned 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 com-
promise; and
C. should the Product or parts become, or in MOTOR-
OLA’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 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.
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 MOTOR-
OLA 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 MOTOR-
OLA 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 embod-
ied 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, modifi-
cation, reproduction, distribution, or reverse engineering of such
MOTOROLA software or exercise of rights in such MOTOROLA soft-
ware 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.
EPS – 48759 – O
Enhanced IMD Users.book Page iv Tuesday, September 26, 2006 2:17 PM