Patent And Software Provisions - Motorola I420 Manual

• Defects or damage from improper testing, operation, maintenance, installation,
alteration, modification, or adjustment.
• Breakage or damage to antennas unless caused directly by defects in material
workmanship.
• A Product subjected to unauthorized Product modifications, disassembly or repairs
(including, without limitation, the addition to the Product of non-MOTOROLA supplied
equipment).
• Product which has had the serial number removed or made illegible.
• 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.
• Freight costs to the repair depot.
• 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 local type acceptance labeling in effect for the Product at the time
the Product was initially distributed from MOTOROLA.
• Scratches or other cosmetic damage to Product surfaces that does not effect the
operation of the Product.
• Normal and customary wear and tear.
• Exclusion for defects or damage arising from use of the products in connection with
non-MOTOROLA equipment.

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
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:
• That MOTOROLA will be notified promptly in writing by such purchaser of any notice of
such claim;
• That MOTOROLA will have sole control of the defense of such suit and all negotiations
for its settlement or compromise; and
• Should the Product or parts become, or in MOTOROLA'S opinion be likely to become,
the subject of a claim of infringement of a patent, that such purchaser will permit
MOTOROLA, at its option and expense, either to procure for such purchaser the right to
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