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VI. PATENT AND SOFTWARE PROVISIONS:
MOTOROLA will defend, at its own expense, any suit brought against
the end user purchaser to the extent that it is based on a claim that the
Product or parts infringe a United States patent, and Motorola will pay
those costs and damages finally awarded against the end user purchaser
in any such suit which are attributable to any such claim, but such
defense and payments are conditioned on the following:
a.
That MOTOROLA will be notified 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 MOTOROLA'S 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 pur-
chaser 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.
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GETTING STARTED
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