Warranty

by third parties, that the operation of the software 

products will be uninterrupted or error free, or that all 

defects in the software products will be corrected. 

In no event shall Motorola be liable, whether in 

contract or tort (including negligence) for damages in 

excess of the purchase price of the Product, or for any 

indirect, incidental, special or consequential damages 

of any kind, or loss of revenue or profits, loss of 

business, loss of information or data, or other financial 

loss arising out of or in connection with the ability or 

inability to use the Products, to the full extent these 

damages may be disclaimed by law. 

VIII. Patent and Software Provisions

At Motorola's expense, we will defend you, and pay costs and 

damages that may be finally awarded against you, to the extent 

that a lawsuit is based on a claim that the Products directly 

infringe a United States patent. Our obligation is conditioned on: 

(a) you notifying us promptly in writing when you receive notice 

of the claim; (b) you giving us sole control of the defense of the 

suit and all negotiations for its settlement or compromise; and 

(c) should the Products become, or in Motorola s opinion be 

likely to become, the subject of a claim of infringement of a 

United States patent, you permit us, at our option and expense, 

either to: procure for you the right to continue using the 

Products; replace or modify them so that they become non 

infringing; or grant you a credit for such Products, as 

depreciated, and accept their return. The depreciation will be an 

equal amount per year over the lifetime of the Products, as 

established by Motorola.

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