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VI. PATENT AND SOFTWARE PROVISIONS:
MOTOROLA will defend, at its own expense, any suit brought against the end
user purchaser to the extent that it is based on a claim that the Product or parts
infringe a United 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 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 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
used in connection with 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 or rights in such MOTOROLA software is
permitted. No license is granted by implication, estoppel or otherwise under
MOTOROLA patent rights or copyrights.