Motorola EP350 Series, User Manual

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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 FCC 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 affect the operation of the Product.
K) Normal and customary wear and tear.
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 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 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 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 parts as
depreciated and accept its return. The depreciation will be
an equal amount per year over the lifetime of the Product
or 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 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 software not furnished by MOTOROLA which is
attached to or used in connection with the Product. The
foregoing states the entire liability of MOTOROLA with respect
to infringement of patents by the Product or any parts thereof.
Laws in the United States and other countries preserve for
MOTOROLA certain exclusive rights for copyrighted
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