Common use of PATENT AND COPYRIGHT INDEMNIFICATION Clause in Contracts

PATENT AND COPYRIGHT INDEMNIFICATION. Motorola agrees to defend, at its expense, any suits against Iridium based upon a claim that any Subscriber Device furnished hereunder directly infringe a patent or copyright in the Gateway Operator's Marketing Area where Iridium sells the Subscriber Device and to pay costs, fines, and damages finally awarded in any such suit, provided that Motorola is notified promptly in writing of the suit and at Motorola's request and at its expense is given control of said suit and all requested assistance for defense of same. If the use or sale of any Subscriber Devices furnished hereunder is enjoined as a result of such suit, Motorola at its option and at no expense to Iridium, will obtain for Iridium the right to use or sell said Subscriber Device or will substitute an equivalent Device reasonably acceptable to Iridium and extend this indemnity thereto or will accept the return of the Subscriber Device and reimburse Iridium the purchase price therefor, less a reasonable charge for reasonable wear and tear. This indemnity does not extend to any suit based upon any infringement or alleged infringement of any patent or copyright by the alteration of any Subscriber Devices furnished by Motorola or by the combination of any Subscriber Devices furnished by Motorola and other elements nor does it extend to any Subscriber Devices of Iridium's design or formula. The foregoing states the entire liability of Motorola for patent or copyright infringement. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO IRIDIUM ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.

PATENT AND COPYRIGHT INDEMNIFICATION. Motorola agrees to defend, at its expense, any suits against Iridium Buyer based upon a claim that any Subscriber Device Motorola manufactured products furnished hereunder directly infringe a U.S. patent or copyright in the Gateway Operator's Marketing Area where Iridium sells the Subscriber Device and to pay costs, fines, costs and damages finally awarded in any such suit, provided that Motorola is notified promptly in writing of the suit and at Motorola's request and at its expense is given control of said suit and all requested assistance for defense of same. If the use or sale of any Subscriber Devices such product(s) furnished hereunder is enjoined as a result of such suit, Motorola Motorola, at its option and at no expense to IridiumBuyer, will shall obtain for Iridium Buyer the right to use or sell said Subscriber Device such product(s) or will shall substitute an equivalent Device product reasonably acceptable to Iridium Buyer and extend this indemnity thereto or will shall accept the return of the Subscriber Device such product(s) and reimburse Iridium Buyer the purchase price therefortherefore, less a reasonable charge for reasonable wear and tear. This indemnity does not extend to any suit based upon any infringement or alleged infringement of any patent or copyright by the alteration of any Subscriber Devices furnished by Motorola or by the combination of any Subscriber Devices such product(s) furnished by Motorola hereunder and other elements nor does it extend to any Subscriber Devices such product(s) of IridiumBuyer's design or formula. The foregoing states the entire liability of Motorola for patent or copyright infringement. IN NO EVENT WILL SHALL MOTOROLA BE LIABLE FOR INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES TO IRIDIUM ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTSPATENTS OR COPYRIGHTS. COPYRIGHTS AND MASK WORKS. Motorola mask works and other works of authorship may be used in and redistributed only with the Products associated with same. No other use, COPYRIGHTSincluding without limitation reproduction, OR OTHER INTELLECTUAL PROPERTY RIGHTSmodification or disassembly of such Motorola mask works or other works of authorship is permitted.

PATENT AND COPYRIGHT INDEMNIFICATION. Motorola agrees to defend, LICENSOR at its expense, own expense will defend any suits action brought against Iridium LICENSEE to the extent that it is based upon on a claim that any Subscriber Device furnished Licensed Program used within the scope of the license hereunder directly infringe infringes a United States patent or copyright in the Gateway Operator's Marketing Area where Iridium sells the Subscriber Device and to pay costscopyright, fines, and damages finally awarded in any such suit, provided that Motorola is notified provided: LICENSEE notifies LICENSOR promptly in writing of the suit action (and at Motorola's request all prior claims relating to such action) and at its expense is given LICENSOR has sole control of said suit the defense and all requested assistance negotiations for defense the settlement or compromise. In the event any Licensed Programs become, or in LICENSOR's opinion are likely to become, the subject of same. If the use a claim of infringement of a patent or sale of any Subscriber Devices furnished hereunder is enjoined as a result of such suitcopyright, Motorola LICENSOR may at its option and at no expense to Iridium, will obtain for Iridium either secure the LICENSEE's right to use continue using the Licensed Programs, replace or sell said Subscriber Device modify them to make them non-infringing, or will substitute an equivalent Device reasonably acceptable to Iridium and extend this indemnity thereto or will accept the return if neither of the Subscriber Device and reimburse Iridium foregoing alternatives is reasonably available to LICENSOR, discontinue the purchase price thereforLicensed program upon one month's written notice. If, less however, the Licensed Program is not the subject of a reasonable charge for reasonable wear and tear. This indemnity does not extend to any suit based upon any infringement or alleged infringement claim of any patent or copyright by the alteration of any Subscriber Devices furnished by Motorola or by the combination of any Subscriber Devices furnished by Motorola and other elements nor does it extend to any Subscriber Devices of Iridium's design or formula. The foregoing states the entire liability of Motorola for patent or copyright infringement, LICENSEE may notify LICENSOR in writing during the one mouth after LICENSOR's notice of discontinuance that LICENSEE elects to continue to be licensed with respect to the Licensed Program until there has been in injunction or the claim has been withdrawn. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES and agrees to undertake at LICENSEE's expense the defense of any action against LICENSEE and to indemnify LICENSOR with respect to all costs, damages, and attorney's fees attributable to such continued use after such notice is given to LICENSOR; it being understood that LICENSOR may participate at its expense in the defense of any such action if such claim is against LICENSOR. LICENSOR shall have no liability for any claim of copyright or parent infringement based on use of other than a current unaltered release of the Licensed Program available from LICENSOR if such infringement would have been avoided by the use of a current unaltered release of the Licensed Program available from LICENSOR. THE FOREGOING STATES THE ENTIRE LIABILITY OF LICENSOR WITH RESPECT TO IRIDIUM ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS, COPYRIGHTS, ANY COPYRIGHTS OF PATENTS BY THE LICENSED PROGRAMS OR OTHER INTELLECTUAL PROPERTY RIGHTSANY PARTS THEREOF.

PATENT AND COPYRIGHT INDEMNIFICATION. a. Motorola agrees to defend, at its expense, any suits against Iridium Distributor and third parties purchasing Motorola products from Distributor based upon a claim that any Subscriber Device Products furnished hereunder directly infringe infringes a patent or copyright legally recognized and enforceable within the Territory. Subject to the conditions and limitations of liability stated in the Gateway Operator's Marketing Area where Iridium sells the Subscriber Device and to this Agreement, Motorola shall pay costs, fines, costs and damages finally awarded in any such suit, provided that Motorola is notified promptly in writing of the suit and at Motorola's request and at its expense is given control of said suit and all requested assistance for defense of same. If the use or sale of any Subscriber Devices Product(s) furnished hereunder is enjoined as a result of such suit, Motorola at its option and at no expense to IridiumDistributor, will shall obtain for Iridium Distributor the right to use or sell said Subscriber Device product(s) or will shall substitute an equivalent Device product reasonably acceptable to Iridium Distributor and extend this indemnity thereto or will shall accept the return of the Subscriber Device Product(s) and reimburse Iridium Distributor the purchase price therefortherefore, less a reasonable charge for reasonable wear and tear. This indemnity does not extend to any suit based upon any infringement or alleged infringement of any patent or copyright by the alteration of any Subscriber Devices products furnished by Motorola or by the combination of any Subscriber Devices Products(s) furnished by Motorola and other elements nor does it extend to any Subscriber Devices products(s) of IridiumDistributor's design or formula. The foregoing states the entire liability of Motorola for patent or copyright infringement. . b. IN NO EVENT WILL SHALL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO IRIDIUM ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS, TRADEMARKS OR COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.

PATENT AND COPYRIGHT INDEMNIFICATION. Motorola agrees to defend, Pwnie Express will defend at its expense, own expense any suits action against Iridium Licensee brought by a third party to the extent that the action is based upon a claim that the Software infringes any Subscriber Device furnished hereunder directly infringe U.S. patents, trademarks or copyrights of a patent or copyright in the Gateway Operator's Marketing Area where Iridium sells the Subscriber Device third party, and to Pwnie Express will pay costs, fines, those costs and damages finally awarded against Licensee in any such suit, provided action that Motorola is notified are specifically attributable to such claim or those costs and damages agreed to by Pwnie Express in a settlement of such action. The foregoing obligations are conditioned on Licensee notifying Pwnie Express promptly in writing of such action; giving Pwnie Express sole control of the suit defense thereof and any related settlement negotiations; and cooperating, at Motorola's Pwnie Express’s request and at its expense is given control of said suit and all requested assistance for defense of samein such defense. If the use Software becomes, or sale in Pwnie Express’s opinion is likely to become, the subject of any Subscriber Devices furnished hereunder is enjoined as a result of such suitan infringement claim, Motorola Pwnie Express may, at its sole option and at no expense to Iridiumexpense, will obtain either (i) procure for Iridium Licensee the right to use continue using the Software, (ii) replace or sell said Subscriber Device modify the Software so that it becomes non-infringing, or will substitute an equivalent Device reasonably acceptable to Iridium and extend this indemnity thereto or will (iii) accept the return of the Subscriber Device Software, terminate this Agreement, in whole or in part, as appropriate, upon written notice to Licensee and reimburse Iridium refund to Licensee the purchase price thereforannual pre- paid fees for such Software on a pro-rata or depreciated basis, less a reasonable charge for reasonable wear and tearas applicable. This indemnity does not extend Notwithstanding the foregoing, Pwnie Express will have no obligation under this Section or otherwise with respect to any suit infringement claim based upon any use of the Software not in accordance with this Agreement; any use of the Software in combination with equipment, software, or data not supplied by Pwnie Express if such infringement or alleged infringement would have been avoided but for such combination; any use of any patent release of the Software other than the most current release made available to Licensee; any modification of the Software by any person other than Pwnie Express or copyright by its authorized agents or subcontractors; or the alteration use of any Subscriber Devices furnished by Motorola the Software after receiving notice that the Software infringes the intellectual property rights of a third party. Any and all claims for indemnification or by infringement defense under this Section must be brought before the combination first anniversary of any Subscriber Devices furnished by Motorola and other elements nor does it extend to any Subscriber Devices the date of Iridium's design expiration or formulatermination of this Agreement. The foregoing states the entire liability of Motorola for patent or copyright infringement. IN NO EVENT WILL MOTOROLA BE LIABLE THIS SECTION STATES PWNIE EXPRESS’S ENTIRE LIABILITY AND LICENSEE’S EXCLUSIVE REMEDY FOR INCIDENTAL ANY CLAIMS OR CONSEQUENTIAL DAMAGES TO IRIDIUM ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT ALLEGATIONS OF PATENTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTSINFRINGEMENT.

PATENT AND COPYRIGHT INDEMNIFICATION. a. Motorola agrees to defend, defend at its expense, any suits against Iridium Distributor based upon a claim that any Subscriber Device Product furnished hereunder by Motorola directly infringe infringes a valid U.S. patent or copyright in the Gateway Operator's Marketing Area where Iridium sells the Subscriber Device or misappropriates a trade secret and to pay costs, fines, costs and damages finally awarded based upon such claim in any such suit, provided that Motorola is is: (i) promptly notified promptly by Distributor in writing as soon as reasonably practicable after Distributor first becomes aware of the suit claim of infringement or misappropriation, but in no event later than 15 days from the date on which Distributor first received notice of such claim ( provided that Distributor's failure to timely notify Motorola of any such claim shall not excuse Motorola from its obligation to indemnify Distributor hereunder unless such delay has caused Motorola to suffer specific and irreparable prejudice); and (ii) at Motorola's request and at its expense is given sole control of said the suit and all requested assistance for defense of same. Motorola shall not be liable for any settlement made without its written consent. Motorola may settle such suit without the written consent of Distributor if, and only if, such settlement will not result in any cost or expense to Distributor and will not result in judgment of any sort being entered against Distributor. If the use or sale of any Subscriber Devices Product furnished hereunder under this Agreement is enjoined as a result of such suit, Motorola at its option and at no expense to IridiumDistributor, will will: (i) obtain for Iridium Distributor the right to use or sell said Subscriber Device or will such Products; (ii) substitute an equivalent Device product reasonably acceptable to Iridium Distributor and extend this indemnity thereto or will thereto, or: (iii) accept the return of the Subscriber Device Products and reimburse Iridium Distributor the purchase price therefortherefore, less a reasonable charge for reasonable wear and tearprior use, if any. If the infringement is alleged prior to completion of delivery of the Products, Motorola shall have the right to decline to make further shipments without being in breach of contract. This indemnity does not extend to any suit based upon any infringement or alleged infringement of any patent or copyright by the alteration of any Subscriber Devices arising from Products furnished by Motorola that are: (i) altered in any way by Distributor or by any third party if the combination of alleged infringement would not have occurred but for such alteration; (ii) combined with any Subscriber Devices other products or elements not furnished by Motorola and if the alleged infringement would not have occurred but for such combination; or (iii) designed and/or manufactured in accordance with Distributor's designs, specifications, or instructions if the alleged infringement would not have occurred but for such designs, specifications, or instructions. In no event shall Motorola's liability resulting from its indemnity obligation to Distributor extend in any way to royalties payable based on a per use basis, or subscriber revenues derived by Distributor therefrom, or any royalty basis other elements nor does it extend to any Subscriber Devices than a reasonable royalty based upon revenue derived by Motorola from Distributor from sales or license of Iridium's design or formulathe infringing Product. The foregoing states indemnity provided in this section is the sole, exclusive, and entire liability of Motorola and the remedies provided in this section shall be Distributor's exclusive remedies against Motorola for patent copyright infringement or copyright infringement. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO IRIDIUM ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTStrade secret misappropriation,, COPYRIGHTSwhether direct or contributory and is provided in lieu of all warranties, OR OTHER INTELLECTUAL PROPERTY RIGHTSexpress, implied or statutory in regard thereto, including, without limitation, the warranty against infringement specified in the Uniform Commercial Code. b. In no event shall Motorola be liable for incidental or consequential damages arising from infringement or alleged infringement of patents, trademarks or copyrights.

PATENT AND COPYRIGHT INDEMNIFICATION. (a) Motorola agrees to defend, at its expense, any suits against Iridium Buyer based upon a claim that any Subscriber Device Product(s) furnished hereunder directly infringe infringes a U.S. patent or copyright in the Gateway Operator's Marketing Area where Iridium sells the Subscriber Device and to pay costs, fines, costs and damages finally awarded in any such suit, provided that Motorola is notified promptly in writing of the suit and at Motorola's request and at its expense is given control of said suit and all requested assistance for defense of same. If the use or sale of Buyer agrees that if any Subscriber Devices Product(s) furnished hereunder becomes or in Motorola's opinion is likely to be the subject of such a claim or is enjoined as a result of such suit, Buyer will permit Motorola at its option and at no expense to IridiumBuyer, will (i) to obtain for Iridium Buyer the right to use or sell said Subscriber Device Product(s); or will (ii) to substitute an equivalent Device product reasonably acceptable to Iridium Buyer and extend this indemnity thereto thereto; or (iii) if neither of the foregoing options are available on terms which are reasonable in Motorola's judgment, Motorola will accept the return of the Subscriber Device Product(s) and reimburse Iridium Buyer the purchase price therefor, less a reasonable charge for reasonable wear and tear. This indemnity does not extend to any suit based upon any infringement or alleged infringement of any patent or copyright by the alteration of any Subscriber Devices Product(s) furnished by Motorola or by the combination combination, operation or use of any Subscriber Devices Products(s) furnished by Motorola and with other elements nor does it extend to any Subscriber Devices products(s) of IridiumBuyer's design own design, specification or formula. The foregoing states the entire liability of Motorola for patent or copyright infringement. (b). IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO IRIDIUM ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS, TRADEMARKS OR COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.

PATENT AND COPYRIGHT INDEMNIFICATION. a. Motorola agrees to defend, at its expense, any suits against Iridium Exclusive Master Services Distributor and third parties purchasing Motorola products from Exclusive Master Services Distributor based upon a claim that any Subscriber Device Products furnished hereunder directly infringe infringes a patent or copyright legally recognized and enforceable within the Territory. Subject to the conditions and limitations of liability stated in the Gateway Operator's Marketing Area where Iridium sells the Subscriber Device and to this Agreement, Motorola shall pay costs, fines, costs and damages finally awarded in any such suit, provided that Motorola is notified promptly in writing of the suit and at Motorola's request and at its Motorola's expense is given control of said suit and all requested assistance for defense of same. If the use or sale of any Subscriber Devices Product(s) furnished hereunder is enjoined as a result of such suit, Motorola at its option and at no expense to IridiumExclusive Master Services Distributor, will shall obtain for Iridium Exclusive Master Services Distributor the right to use or sell said Subscriber Device product(s) or will shall substitute an equivalent Device product reasonably acceptable to Iridium Exclusive Master Services MOTOROLA CONFIDENTIAL PROPRIETARY [***] Denotes Confidential Treatment Requested Distribution Agreement BrightStar Corp. 11/20/2002 Page 8 Distributor and extend this indemnity thereto or will shall accept the return of the Subscriber Device Product(s) and reimburse Iridium Exclusive Master Services Distributor the purchase price therefortherefore, less a reasonable charge for reasonable wear and tear. This indemnity does not extend to any suit based upon any infringement or alleged infringement of any patent or copyright by the alteration of any Subscriber Devices products furnished by Motorola or by the combination of any Subscriber Devices Products(s) furnished by Motorola and other elements nor does it extend to any Subscriber Devices products(s) of IridiumExclusive Master Services Distributor's design or formula. The foregoing states the entire liability of Motorola for patent or copyright infringement. . b. IN NO EVENT WILL SHALL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO IRIDIUM ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS, TRADEMARKS OR COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.

PATENT AND COPYRIGHT INDEMNIFICATION. Motorola agrees to defend, LICENSOR at its expense, own expense will defend any suits action brought against Iridium LICENSEE to the extent that it is based upon on a claim that any Subscriber Device furnished Licensed Program used within the scope of the license hereunder directly infringe infringes a United States patent or copyright in the Gateway Operator's Marketing Area where Iridium sells the Subscriber Device and to pay costscopyright, fines, and damages finally awarded in any such suit, provided that Motorola is notified provided: LICENSEE notifies LICENSOR promptly in writing of the suit action (and at Motorola's request all prior claims relating to such action) and at its expense is given LICENSOR has sole control of said suit the defense and all requested assistance negotiations for defense the settlement or compromise. In the event any Licensed Programs become, or in LICENSOR's opinion are likely to become, the subject of same. If the use a claim of infringement of a patent or sale of any Subscriber Devices furnished hereunder is enjoined as a result of such suitcopyright, Motorola LICENSOR may at its option and at no expense to Iridium, will obtain for Iridium either secure the LICENSEE's right to use continue using the Licensed Programs, replace or sell said Subscriber Device modify them to make them non-infringing, or will substitute an equivalent Device reasonably acceptable to Iridium and extend this indemnity thereto or will accept the return if neither of the Subscriber Device and reimburse Iridium foregoing alternatives is reasonably available to LICENSOR, discontinue the purchase price thereforLicensed Program upon one month's notice. If, less however, the Licensed Program is not the subject of a reasonable charge for reasonable wear and tear. This indemnity does not extend to any suit based upon any infringement or alleged infringement claim of any patent or copyright by the alteration of any Subscriber Devices furnished by Motorola or by the combination of any Subscriber Devices furnished by Motorola and other elements nor does it extend to any Subscriber Devices of Iridium's design or formula. The foregoing states the entire liability of Motorola for patent or copyright infringement, LICENSEE may notify LICENSOR in writing during the one month after LICENSOR's notice of discontinuance that LICENSEE elects to continue to be licensed with respect to the Licensed Program until there has been an injunction or the claim has been withdrawn, and agrees to undertake at LICENSEE's expense the defense of any action against LICENSEE and to indemnify LICENSOR with respect to all costs, damages, and attorney's fees attributable to such continued use after such notice is given to LICENSOR; it being understood that LICENSOR may participate at its expense in the defense of any such action if such claim is against LICENSOR. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES LICENSOR shall have no liability for any claim of copyright of patent infringement based on use of other than a current unaltered release of the Licensed Program available from LICENSOR if such infringement would have been avoided by the use of a current unaltered release of the Licensed Program available from LICENSOR. THE FOREGOING STATES THE ENTIRE LIABILITY OF LICENSOR WITH RESPECT TO IRIDIUM ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS, COPYRIGHTS, ANY COPYRIGHTS OF PATENTS BY THE LICENSED PROGRAMS OR OTHER INTELLECTUAL PROPERTY RIGHTSANY PARTS THEREOF.

PATENT AND COPYRIGHT INDEMNIFICATION. Motorola agrees to defend, LICENSOR at its expense, own expense will defend any suits action brought against Iridium LICENSEE to the extent that it is based upon on a claim that any Subscriber Device furnished Licensed Program used within the scope of the license hereunder directly infringe infringes a United States patent or copyright in the Gateway Operator's Marketing Area where Iridium sells the Subscriber Device and to pay costscopyright, fines, and damages finally awarded in any such suit, provided that Motorola is notified provided: LICENSEE notifies LICENSOR promptly in writing of the suit action (and at Motorola's request all prior claims relating to such action) and at its expense is given LICENSOR has sole control of said suit the defense and all requested assistance negotiations for defense the settlement or compromise. In the event any Licensed Programs become, or in LICENSOR's opinion are likely to become, the subject of same. If the use a claim of infringement of a patent or sale of any Subscriber Devices furnished hereunder is enjoined as a result of such suitcopyright, Motorola LICENSOR may at its option and at no expense to Iridium, will obtain for Iridium either secure the LICENSEE's right to use continue using the Licensed Programs, replace or sell said Subscriber Device modify them to make them non-infringing, or will substitute an equivalent Device reasonably acceptable to Iridium and extend this indemnity thereto or will accept the return if neither of the Subscriber Device and reimburse Iridium foregoing alternatives is reasonably available to LICENSOR, discontinue the purchase price thereforLicensed program upon one month's written notice. If, less however, the Licensed Program is not the subject of a reasonable charge for reasonable wear and tear. This indemnity does not extend to any suit based upon any infringement or alleged infringement claim of any patent or copyright by the alteration of any Subscriber Devices furnished by Motorola or by the combination of any Subscriber Devices furnished by Motorola and other elements nor does it extend to any Subscriber Devices of Iridium's design or formula. The foregoing states the entire liability of Motorola for patent or copyright infringement, LICENSEE may notify LICENSOR in writing during the one month after LICENSOR's notice of discontinuance that LICENSEE elects to continue to be licensed with respect to the Licensed Program until there has been an injunction or the claim has been withdrawn, and agrees to undertake at LICENSEE's expense the defense of any action against LICENSEE and to indemnify LICENSOR with respect to all costs, damages, and attorney's fees attributable to such continued use after such notice is given to LICENSOR; it being understood that LICENSOR may participate at its expense in the defense of any such action if such claim is against LICENSOR. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES LICENSOR shall have no Liability for any claim of copyright or patent infringement based on use of other than a current unaltered release of the Licensed Program available from LICENSOR if such infringement would have been avoided by the use of a current unaltered release of the Licensed Program available from LICENSOR. THE FOREGOING STATES THE ENTIRE LIABILITY OF LICENSOR WITH RESPECT TO IRIDIUM ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS, COPYRIGHTS, ANY COPYRIGHTS OF PATENTS BY THE LICENSED PROGRAMS OR OTHER INTELLECTUAL PROPERTY RIGHTS.ANY PARTS THEREOF