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• Products that have: (a) serial numbers or date tags that
have been removed, altered or obliterated; (b) board
serial numbers that do not match each other, or board
serial numbers that do not match the housing; or
(c) nonconforming or non-Motorola housings or parts.
Any of these voids the warranty.
• Defects or damage that result from: (a) use of the
Products in a manner that is not normal or customary;
(b) improper operation or misuse; (c) accident or neglect
such as dropping the Products onto hard surfaces;
(d) contact with water, rain, extreme humidity or heavy
perspiration; (e) contact with sand, dirt or the like; or
(f) contact with extreme heat, or spills of food or liquid.
• Physical damage to the surface of the Products, including
scratches, cracks or other damage to a display screen,
lens or other externally exposed parts.
• Failure of Products that is due primarily to any
communication service or signal you may subscribe to or
use with the Products.
• Coil cords that are stretched or that have any broken
modular tabs.
• Leased Products.
Flat-rate repair rates may apply to Products not covered by
this warranty. To obtain information about Products needing
repairs that are not covered by this warranty, please call the
telephone number previously listed. We will provide
information on repair availability, rates, methods of payment,
where to send the Products, etc.
VII. Some Other Limitations
This is Motorola’s complete warranty for the Products,
and states your exclusive remedies. This warranty is
given in lieu of all other express warranties. Implied
warranties, including without limitation, the implied
warranties of merchantability and fitness for a
particular purpose, are given only if specifically
required by applicable law. Otherwise, they are
specifically excluded.
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No warranty is made as to coverage, availability, or
grade of service provided by the Products, whether
through a service provider or otherwise.
No warranty is made that the software will meet your
requirements or will work in combination with any
hardware or applications software products provided
by third parties, that the operation of the software
products will be uninterrupted or error free, or that all
defects in the software products will be corrected.
In no event shall Motorola be liable, whether in
contract or tort (including negligence) for damages in
excess of the purchase price of the Product, or for any
indirect, incidental, special or consequential damages
of any kind, or loss of revenue or profits, loss of
business, loss of information or data, or other financial
loss arising out of or in connection with the ability or
inability to use the Products, to the full extent these
damages may be disclaimed by law.
VIII. Patent and Software Provisions
At Motorola’s expense, we will defend you, and pay costs
and damages that may be finally awarded against you, to
the extent that a lawsuit is based on a claim that the
Products directly infringe a United States patent. Our
obligation is conditioned on: (a) you notifying us promptly in
writing when you receive notice of the claim; (b) you giving
us sole control of the defense of the suit and all negotiations
for its settlement or compromise; and (c) should the Products
become, or in Motorola's opinion be likely to become, the
subject of a claim of infringement of a United States patent,
you permit us, at our option and expense, either to: procure
for you the right to continue using the Products; replace or
modify them so that they become non-infringing; or grant
you a credit for such Products, as depreciated, and accept
their return. The depreciation will be an equal amount per
year over the lifetime of the Products, as established by
Motorola.