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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.
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 VI., above.
This is Motorola’s entire liability with respect to infringement of patents by the Products.
6864110w15o_EN-FR.book Page 53 Tuesday, April 15, 2003 3:20 PM
