Motorola CP150 User Manual - Page 9

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that MOTOROLA will have sole control of the

defense of such suit and all negotiations for

its settlement or compromise; and

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. The foregoing

states the entire liability of MOTOROLA with

respect to infringement of patents by 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 of

rights in such MOTOROLA software is permitted.

No license is granted by implication, estoppel or

otherwise under MOTOROLA patent rights or

copyrights.

VII. GOVERNING LAW:

This Warranty is governed by the laws of the

State of Illinois, USA.

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