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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 softw are. MOTOROL A sof tware may b e used in on ly 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 en gineering 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.