V. patent and software provisions – Motorola i55sr Phone User Manual

Page 167

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167

Limited Warranty Motorola Communication Products (International)

b. Defects or damage from misuse, accident, water, or neglect.
c. Defects or damage from improper testing, operation, maintenance,

installation, alteration, modification, or adjustment.

d. Breakage or damage to antennas unless caused directly by defects in

material workmanship.

e. A Product subjected to unauthorized Product modifications,

disassemblies or repairs (including, without limitation, the audition to

the Product of non-MOTOROLA supplied equipment).

f. Product which has had the serial number removed or made illegible.
g. Rechargeable batteries if:

1. Any of the seals on the battery enclosure of cells are broken or

show evidence of tampering.

2. The damage or defect is caused by charging or using the battery in

equipment or service other than the Product for which it is

specified.

c. Freight costs to the repair depot.
d. A Product which, due to illegal or unauthorized alteration of the

software/firmware in the Product, does not function in accordance

with MOTOROLA’S published specifications or the local type

acceptance labeling in effect for the Product at the time the Product

was initially distributed from MOTOROLA.

e. Scratches or other cosmetic damage to Product surfaces that does not

effect the operation of the Product.

f. Normal and customary wear and tear.
g. Exclusion for defects or damage arising from use of the products in

connection with non-MOTOROLA equipment.

V. 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 parts

infringe a 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 parts become, or in MOTOROLA’S opinion be

likely to become, the subject of a claim of infringement of a patent,

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