176
Limited Warranty Motorola Communication Produ cts (Inte r nati ona l)
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 liabili ty with respect to
any claim of patent infringe ment which is based
upon the combination of the Product or parts
furnished hereunder with sof tw ar e, ap pa rat us or
devices not furnished by MOTOROLA, nor will
MOTOROLA have any liability for the us e of
ancillary equipment or softw a re no t furnished by
MOTOROLA which is attached to or sued in
connection with the Produ ct or any pa rt s the r eo f. I n
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 MOTOROL A certain exclusive rights
for copyrighted MOTOROLA software, such as the
exclusive rights to reproduc e in co pi es and
distribute copies of such MOTORO LA software.
MOTOROLA software may be use d in only the
Product in which the software was or ig in al ly
embodied and such sof tware in such Product may
not be replaced, copi ed, distributed, modified in
any way, or used to produce a ny de riv ativ e ther eof.
No other use including, witho ut limitation,
alteration, modification, repro duction, distribution,
or reverse engineeri ng of such MOTOROLA
software or exercise or rights in suc h MOTOROLA
software is permitted. No license is granted by
implication, estoppel or otherwise under
MOTOROLA patent rights or copyri ghts.