
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 depreciation
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