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Motorola CP100 Two-Way Radio Operations Manual.pdf

Motorola CP100 Two-Way Radio Operations Manual.pdf

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VIII. Patent and Software ProvisionsAt <strong>Motorola</strong>’s expense, we will defend you, and pay costs and damages that may befinally awarded against you, to the extent that a lawsuit is based on a claim that theProducts directly infringe a United States patent. Our obligation is conditioned on: (a)you notifying us promptly in writing when you receive notice of the claim; (b) yougiving us sole control of the defense of the suit and all negotiations for its settlementor compromise; and (c) should the Products become, or in <strong>Motorola</strong>'s opinion belikely to become, the subject of a claim of infringement of a United States patent, youpermit us, at our option and expense, either to: procure for you the right to continueusing the Products; replace or modify them so that they become non-infringing; orgrant you a credit for such Products, as depreciated, and accept their return. Thedepreciation will be an equal amount per year over the lifetime of the Products, asestablished by <strong>Motorola</strong>.<strong>Motorola</strong> will have no liability to you with respect to any claim of patent infringementthat is based upon the combination of the Products or parts furnished under thislimited warranty with ancillary equipment, as defined in VI., above.This is <strong>Motorola</strong>’s entire liability with respect to infringement of patents by theProducts.Laws in the United States and other countries preserve for <strong>Motorola</strong> and other thirdparty software providers certain exclusive rights for copyrighted software, such as theexclusive rights to reproduce in copies and distribute copies of such software. Thesoftware may be copied into, used in and redistributed with only those Products thatare associated with such software. No other use, including without limitation,disassembly or reverse engineering of such software or exercise of exclusive rightsin such software is permitted.<strong>Motorola</strong> Limited Warranty45

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