VIII. Patent and Software Provisions

At Motorola’s expense, we will defend you, and pay costs and damages that may be finally awarded against you, to the extent that a lawsuit is based on a claim that the Products directly infringe a United States patent. Our obligation is conditioned on: (a) you notifying us promptly in writing when you receive notice of the claim; (b) you giving us sole control of the defense of the suit and all negotiations for its settlement or compromise; and (c) should the Products become, or in Motorola's opinion be likely to become, the subject of a claim of infringement of a United States patent, you permit us, at our option and expense, either to: procure for you the right to continue using the Products; replace or modify them so that they become non-infringing; or grant you a credit for such Products, as depreciated, and accept their return. The depreciation will be an equal amount per year over the lifetime of the Products, as established by Motorola.

Motorola will have no liability to you with respect to any claim of patent infringement that is based upon the combination of the Products or parts furnished under this limited warranty with ancillary equipment, as defined in VI., above.

This is Motorola’s entire liability with respect to infringement of patents by the Products.

Warranty

Laws in the United States and other countries preserve for Motorola and other third party software providers certain exclusive rights for copyrighted software, such as the exclusive rights to reproduce in copies and distribute copies of such software. The software may be copied into, used in and redistributed with only those Products that are associated with such software. No other use, including without limitation, disassembly or reverse engineering of such software or exercise of exclusive rights in such software is permitted.

Some states and other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction.