Motorola TITANIUM User Manual - Page 73
Motorola Limited Warranty for the United, States and Canada
View all Motorola TITANIUM manuals
Add to My Manuals
Save this manual to your list of manuals |
Page 73 highlights
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 Warranty 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. 71