Motorola iDEN User Manual

Page 85

Limited Warranty Motorola Communication Products

opinion be likely to become, the subject of a claim of
infringement of a 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 sued in

connection with the Product or any parts thereof. In no event shall

MOTOROLA be liable for any incidental, special or consequential

damages arising from any claim of patent infringement or alleged

infringement.

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 or rights in such MOTOROLA

software is permitted. No license is granted by implication,

estoppel or otherwise under MOTOROLA patent rights or