Motorola iDEN User Manual page 81

Limited Warranty Motorola Communication Products
attributable to any such claim, but such defense and payments are
conditioned on the following:
a. That MOTOROLA will be notiÞed promptly in writing by
such purchaser of any notice of such claim;
b. That MOTOROLA will have sole control of the defense of
such suit and all negotiations for its settlement or compromise;
and
c. Should the Product or parts become, or in MOTOROLAÕS
opinion be likely to become, the subject of a claim of
infringement of a United States 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 used in
connection with the Product or any parts thereof.
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 software.
MOTOROLA software may be used in only 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 engineering 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.