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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, disassembles or repairs (including, without
limitation, the addition to the Product of non-MOTOROLA supplied equipment) which adversely affect
performance of the Product or interfere with MOTOROLA's normal warranty inspection and testing of the
Product to verify any warranty claim.
F)
Product which has had the serial number removed or made illegible.
G) Freight costs to the repair depot.
H)
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.
I)
Scratches or other cosmetic damage to Product surfaces that does not affect the operation of the
Product.
J)
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
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