CLEAR PC Card - Manual (Page 18)

Installing and using Clearwire pc card 15
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 its 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:
1 that Motorola will be notified promptly in writing by such purchaser of any notice of such
claim;
2 that Motorola will have sole control of the defense of such suit and all negotiations for its
settlement or compromise;
and
3 should the Product or its 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 its 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 its parts as
depreciated and accept its return. The depreciation will be an equal amount per year over
the lifetime of the Product or its 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 its 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. The foregoing states the entire liability of Motorola
with
respect to infringement of patents by the Product or any its 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 of
rights in such Motorola software is permitted. No license is granted by implication, estoppel
or otherwise under Motorola patent rights or copyrights