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V. GOVERNING LAW
In the case of a Product sold in the United States and Canada, this Warranty is governed by the laws of
the State of Illinois and the Province of Ontario, respectively.
VI.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:
A) that Motorola will be notified promptly in writing by such purchaser of any notice of such claim;
B) that Motorola will have sole control of the defense of such suit and all negotiations for its settlement or
compromise; and
C) 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 soft-
ware not furnished by Motorola which is attached to or used in connection with the Product. The fore-
going 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 copy-
righted 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 limi-
tation, 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 impli-
cation, estoppel or otherwise under Motorola patent rights or copyrights.
EPS – 48759 – O
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