Motorola i60c User Manual page 140

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. Rechargeable batteries if:
1. Any of the seals on the battery enclosure of cells are broken or show evidence of
tampering.
2. 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.
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 effect 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 non-infringing 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 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 or rights in such MOTOROLA software is
permitted. No license is granted by implication, estoppel or otherwise under MOTOROLA patent rights
or copyrights.
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