Vi. Patent And Software Provisions - Motorola i700plus User Manual

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, disas-
semblies 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. Rechargeable batteries if:
(1). Any of the seals on the battery enclosure of cells are broken or shoe
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 soft-
ware/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 pur-
chaser 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
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