adversely affect performance of the Product or
interfere with MOTOROLA's normal warranty
inspection and testing of the Product to verify any
warranty claim.
6 Product which has had the serial number removed
or made illegible.
7 Rechargeable batteries if:
•
any of the seals on the battery enclosure of
cells are broken or show evidence of
tampering.
•
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.
8 Freight costs to the repair depot.
9 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
certification labeling in effect for the Product at the
time the Product was initially distributed from
MOTOROLA.
10 Scratches or other cosmetic damage to Product
surfaces that does not affect the operation of the
Product.
11 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:
1 that MOTOROLA will be notified promptly in
writing by such purchaser of any notice of such
claim,
2 that MOTOROLA will have sole control of the
defense of such suit and all negotiations for its
settlement or compromise, and
3 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
Limited Warranty
106
English
