MOTOR
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CONNECTINO WITH THE USE OF
INABILITY TO USE THE PRODUCT, TO THE
FULL EXTENT THESE DAMAGES MAY BE
DISCLAIMED BY LAW.
VI. Patent and Software Provisions
Motorola will defend at it own expense, any
suit brought against you to the extent that it is
based on a claim that the Products infringe a
United States patent. Motorola will pay those
costs and damages finally awarded against yo
in any such suit which is attributable to any
such claim. The defense and payments by
Motorola are conditioned on the following: (a)
that you will notify Motorola promptly in writing
any notice of the claim, and (b) that Motorola
will have 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, that you will permit
Motorola, at its option and expense, either: to
procure for you the right to continue using the
Products or parts; to replace or modify them
so that they become non-infringing; or to grant
you a credit for such Products or parts as
depreciated and accept their return. The
depreciation will be an equal amount per year
over the lifetime of the Products, accessories,
battery or parts as established by Motorola.
Motorola will have no liability to you with
respect to any claim of patent infringement
which is based upon the combination of the
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