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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 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.
Patent and Software Provisions
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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