Motorola iDEN i500plus User Manual page 77

such suit which are 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 opin-
ion 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 MOTOR-
OLA.
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 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, modiÞed in any way, or used to produce
any derivative thereof. No other use including, without limitation,
alteration, modiÞcation, 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.
71