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VIII. Patent and Software Provisions
At Motorola's expense, we will defend you and pay costs and damages that
may be finally awarded against you, to the extent that a lawsuit is based on a
claim that the Products directly infringe a patent. Our obligation is conditioned
on: (a) you notifying us promptly in writing when you receive notice of the
claim; (b) you giving us sole control of the defence of the suit and all
negotiations for its settlement or compromise; and (c) should the Products
become, or in Motorola's opinion be likely to become, the subject of a claim of
infringement of a patent, you permit us, at our option and expense, either to:
procure for you the right to continue using the Products; replace or modify
them so that they become non-infringing; or grant you a credit for such
Products, as depreciated, and accept their return. The depreciation will be an
equal amount per year over the lifetime of the Products, as established by
Motorola.
Motorola will have no liability to you with respect to any claim of patent
infringement that is based upon the combination of the Products or parts
furnished under this limited warranty with ancillary equipment, as defined in
Article VI above.
This is Motorola's entire liability with respect to infringement of patents by the
Products.
Laws in certain countries preserve for Motorola and other third party software
providers certain exclusive rights for copyrighted software, such as the
exclusive rights to reproduce in copies and distribute copies of such software.
The software may be copied into, used in and redistributed with only those
Products that are associated with such software. No other use, including
without limitation, disassembly or reverse engineering of such software or
exercise of exclusive rights in such software is permitted.
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