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Limited Warranty Motorola Communication Products
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:
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 compromise; and
c. 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.
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.
