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:
1that MOTOROLA will be notified promptly in
writing by such purchaser of any notice of such
2that MOTOROLA will have sole control of the
defense of such suit and all negotiations for its
settlement or compromise, and
3should 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
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 license is
granted by implication, estoppel or otherwise under
MOTOROLA patent rights or copyrights.
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