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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.