137
settlementor compromise; and
c. Should the Product or parts become, or in
MOTOROLA’Sopinion be likely to become, the
subjectof a claim of infringement of a patent,
thatsuch purchaser will permit MOTOROLA,at
itsoption and expense, either to procure for
suchpurchaser the right to continue using the
Productor parts or to replace or modify the
sameso that it becomes non-infringing or to
grantsuch purchaser a credit for the Product or
partsas depreciated and accept its return. T he
depreciationwill be an equal amount per year
overthe lifetime of the Product or parts as
establishedby MOTOROLA.
MOTOROLAwill have no liabilitywith respect to
anyclaim of patent infringementwhich is based
uponthe combinationof the Product or parts
furnished hereunder with sof tware, apparatus or
devicesnot furnished by MOTOROLA,nor will
MOTOROLAhave any liabilityfor the use of
ancillaryequipment orsoftware not furnished by
MOTOROLAwhichisattachedtoorsuedin
connectionwiththe Product or any parts thereof.In
noevent shall MOTOROLA be liablefor any
incidental,specialor consequential damages
arisingfrom any claimof patent infringementor
allegedinfringement.
Lawsin the United Statesand other countries
preservefor MOTOROLA certain exclusive rights
for copyrighted MOTORO LA software, such as t he
exclusiverights to reproducein copies and
distribute copies of such MOT OROLA software.
MOTOROLAsoftwa re may be used in only the
Product in which the software was o riginally
embodied and such software in su chP roduct may
notbe replaced, copied, distributed,modified in
anyway, o rus ed top roduce any derivative the reof.
Noother use including, withoutlimitation,
alteration,modification,reproduction,distribution,
orreverse engineeringof such MOTOROLA
softwareor exercise or rightsin such MOTOROLA
softwareis perm itted. No license is granted by
implication,estoppelor otherwise under
MOTOROLA patent righ ts or copyrights.