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H. Freight costs to the repair depot.
I. 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 type
acceptance labeling in effect for the Product at the time the
Product was initially distributed from MOTOROLA.
J. Scratches or other cosmetic damage to Product surfaces that
does not affect the operation of the Product.
K. 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
C. 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 noninfringing or to grant such
purchaser a credit for the Product or parts as depreciated and
accept its return. The depreciation will be an equal amount per
year over the lifetime of the Product or parts as established by
MOTOROLA.
MOTOROLA will have no liability with respect to any claim of
patent infringement which is based upon the combination of the
Product or parts furnished hereunder with software, apparatus or
devices not furnished by MOTOROLA, nor will MOTOROLA have
any liability for the use of ancillary equipment or software not
furnished by MOTOROLA which is attached to or used in
connection with the Product. The foregoing states the entire
liability of MOTOROLA with respect to infringement of patents by
the Product or any parts thereof.
Laws in the United States and other countries preserve for
MOTOROLA certain exclusive rights for copyrighted MOTOROLA
software such as the exclusive rights to reproduce in copies and
distribute copies of such Motorola software. MOTOROLA software
may be used in only the Product in which the software was
originally embodied and such software in such Product may not be
replaced, copied, distributed, modified in any way, or used to
produce any derivative thereof. No other use including, without
limitation, alteration, modification, reproduction, distribution, or
reverse engineering of such MOTOROLA software or exercise of
rights in such MOTOROLA software is permitted. No license is
granted by implication, estoppel or otherwise under MOTOROLA
patent rights or copyrights.
service & repair
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