Motorola PMLN6393 Kurzanleitung Seite 9

68012009059_01_EMEA.book Page 7 Tuesday, September 24, 2
Flat-rate repair rates may apply to Products not covered by this warranty. To
obtain information about Products needing repairs that are not covered by this
warranty, please call the telephone number previously listed. We will provide
information on repair availability, rates, methods of payment, where to send the
Products, etc.
VII. Some Other Limitations
This is Motorola's complete warranty for the Products and states your exclusive
remedies.
This warranty is given in lieu of all other express warranties. Implied warranties,
including without limitation, the implied warranties of merchant ability and fitness
for a particular purpose, are given only if specifically required by applicable law.
Otherwise, they are specifically excluded.
No warranty is made as to coverage, availability or grade of service provided by
the Products, whether through a service provider or otherwise.
No warranty is made that the software will meet your requirements or will work in
combination with any hardware or applications software products provided 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 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 defence 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 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.
Motorola will have no liability to you with respect to any claim of patent
infringement that is based upon the combination of the Products or parts furnished
under this limited warranty with ancillary equipment, as defined in Article VI above.
7
English