Vi. patent and software provisions – Nextel comm IDEN H69XAH6RR1AN User Manual

Page 144

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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.

h. Freight costs to the repair depot.

i. 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.

j. Scratches or other cosmetic damage to

Product surfaces that does not effect the
operation of the Product.

k. Normal and customary wear and tear.

l. Exclusion for defects or damage arising from

use of the products in connection with
non-MOTOROLA equipment.

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
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

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