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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 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 l iability with respect to
any claim of patent infringement which is based
upon the combination of the Product or parts
furnished hereunder w ith sof t war e, apparatus or
devices not furnished by MOTOROLA, nor will
MOTOROLA have any liabi li t y for th e us e of
ancillary equipment or so ft wa r e no t fu rn is he d by
MOTOROLA which is attac hed to or sued in
connection with the Pro duc t or any par t s the r eof. I n
no event shall MOTOROLA be liable for any
incidental, special or consequential damages
arising from any c laim of patent inf ringement 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 repr od uc e in co pies and
distribute copies of such M OTOROLA software.
MOTOROLA software may be used in only the
Product in which the softwa re was originally
embodied and suc h software in such Product may
not be replaced, c opied, distributed, m odified in
any way, or used to prod uce a ny de riv ative t her eof.
No other use including, without limitation,
alteration, modification , reproduction, distribution ,
or reverse engine ering of such MOT OROLA
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.