21
English
SAF
ETY AND
W
ARRANTY
V.
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 United States 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:
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
United States 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 used in
connection with the Product. The foregoing states
the entire liability of MOTOROLA with respect to
infringement of patents by 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 of rights in
such MOTOROLA software is permitted. No
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