Motorola F5217A - Manual (Page 28)

28 MW800 Owner’s Manual
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 its 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 its 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 its parts as
depreciated and accept its return. The depreciation will be an equal amount per year over
the lifetime of the Product or its 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 its 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 of its 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
only in 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.