Common use of Patent and Copyright Clause in Contracts

Patent and Copyright. INDEMNIFICATION (a) MOTOROLA agrees to defend, at its expense, any suits against Buyer based upon a claim that any products furnished hereunder directly infringes a U.S. patent or copyright and to pay 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 product(s) furnished hereunder is enjoined as a result of such suit, MOTOROLA at its option and at no expense to Buyer, shall obtain for Buyer the right to use or sell said product(s) or shall substitute an equivalent product reasonably acceptable to Buyer and extend this indemnity thereto or shall accept the return of the product(s) and reimburse 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 products furnished by MOTOROLA or by the combination of any product(s) furnished by MOTOROLA and other elements nor does it extend to any product(s) of Buyer's design or formula. The foregoing states the entire liability of MOTOROLA for patent or copyright infringement. (b) IN NO EVENT SHALL MOTOROLA BE LIABLE FOR INCIDENTAL OR 8 CONSEQUENTIAL DAMAGES ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.

Patent and Copyright. INDEMNIFICATION (a) MOTOROLA Motorola agrees to defend, at its expense, any suits against Buyer WDS or Propel based upon a claim that any products Products furnished hereunder directly infringes a U.S. patent or copyright and to pay costs and damages finally awarded in any such suit, provided that MOTOROLA 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 product(sProduct(s) furnished hereunder is enjoined as a result of such suit, MOTOROLA Motorola at its option and at no expense to BuyerWDS, shall will obtain for Buyer WDS the right to use or sell said product(sProduct(s) or shall will substitute an equivalent product Product reasonably acceptable to Buyer WDS and extend this indemnity thereto or shall will accept the return of the product(sProduct(s) and reimburse Buyer WDS 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 products Products furnished by MOTOROLA Motorola or by the combination of any product(sProduct(s) furnished by MOTOROLA Motorola and other elements nor does it extend to any product(sProduct(s) of BuyerWDS's design or formula. The foregoing states the entire liability of MOTOROLA Motorola to WDS for patent or copyright infringement. (b) IN NO EVENT SHALL WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR 8 CONSEQUENTIAL DAMAGES ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF PATENTS, COPYRIGHTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.

Patent and Copyright. INDEMNIFICATION (a) MOTOROLA agrees to defend, at its expense, any suits against Buyer based upon a claim that any products furnished hereunder directly infringes a U.S. patent or copyright and to pay costs and damages finally awarded in any such suit, provided that MOTOROLA is notified 1). If Customer notifies EMC promptly in writing of the suit any action (and at Motorolaall prior related claims) brought against Customer alleging that Customer's request and sale, use or other disposition of any Equipment, Customer's use of any Software or its receipt of any Service infringes a valid United States patent or copyright, EMC will defend that action at its expense is given and will pay the costs and damages awarded against Customer in the action, provided (i) that EMC shall have sole control of said suit the defense of any such action and all negotiations for its settlement or compromise and (ii) Customer provides all reasonable assistance requested assistance for defense of sameby EMC. If the a permanent injunction is obtained in such action against Customer's use or sale of any product(s) furnished hereunder is enjoined as a result receipt of such suitProduct or if in EMC's opinion such Product is likely to become the subject of a permanent injunction, MOTOROLA EMC will at its option and at no expense to Buyer, shall obtain either procure for Buyer Customer the right to use continue using or sell said product(sreceiving such Product, replace or modify such Product so that it becomes non-infringing or pay Customer a refund based on a straight line depreciation of the price of such Equipment and/or Software over five (5) or shall substitute an equivalent product reasonably acceptable to Buyer and extend this indemnity thereto or shall accept the years upon return of the product(sEquipment and/or Software to EMC or refund the unused amounts paid to EMC for discontinued Product Maintenance, as the case may be. (2). EMC shall have no liability to Customer if the alleged infringement is based on (i) and reimburse Buyer use, sale or receipt of any of the purchase price thereforProducts in combination with other equipment, less software or services not provided by EMC; (ii) use of any of the Products in a reasonable charge manner or for reasonable wear and tear. This indemnity does a purpose for which they were not extend designed; (iii) use of the Software, when use of a Software Release which EMC has made commercially available would have avoided such infringement; (iv) any modification to any suit based upon of the Products not made by EMC, or any infringement or alleged infringement of any patent or copyright by the alteration of any products furnished by MOTOROLA or by the combination of any product(s) furnished by MOTOROLA and other elements nor does it extend modifications to any product(sof the Products made by EMC pursuant to Customer's specific instructions; or (v) any intellectual property right owned or licensed by Customer or any of Buyer's design or formulaits Affiliates. (3). The foregoing states the entire liability of MOTOROLA for patent or copyright infringement. (b) IN NO EVENT SHALL MOTOROLA BE LIABLE FOR INCIDENTAL OR 8 CONSEQUENTIAL DAMAGES ARISING FROM INFRINGEMENT OR THIS PATENT AND COPYRIGHT SECTION STATES EMC'S ENTIRE LIABILITY WITH RESPECT TO ALLEGED INFRINGEMENT INFRINGEMENTS OF PATENTS, COPYRIGHTS, OR COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTSRIGHTS BY THE PRODUCTS OR ANY PART OF THEM OR BY THEIR OPERATION, USE OR RECEIPT.