Nextel comm IDEN H69XAH6RR1AN - Manual (Page 145)

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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 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 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, 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.