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S2. Manufacturer’s Warranty 161
Warranty
ⅷ
That MOTOROLA will be notified promptly in writing by such
purchaser of any notice of such claim;
ⅷ
That MOTOROLA will have sole control of the defense of
such suit and all negotiations for its settlement or
compromise; and
ⅷ
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.
NNTN9124A_i1x_Rubicon_Nextel_UG.book Page 161 Thursday, June 16, 2011 2:58 PM