Motorola i2000 - Manual (Page 117)

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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 negotia-
tions for its settlement or compromise; and
c. Should the Product or parts become, or in MOTOROLA’S 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 copyrights.