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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.
Laws in the United States and other countries preserve for Motorola and other
third party software providers certain exclusive rights for copyrighted software,
such as the exclusive rights to reproduce in copies and distribute copies of
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