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A) Defects or damage resulting from use of the Product in other than its normal and customary
manner.
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, disassemblies 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) Batteries (they carry their own separate limited warranty).
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 with 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) That the software in the Product will meet the purchaser's requirements or that the operation
of the software will be uninterrupted or error-free.
L) Normal and customary wear and tear.
M) Non-Motorola manufactured equipment unless bearing a Motorola Part
Number in the form of an alpha numeric number (i.e., TDE6030B).
N) Lift trucks for installation, removal, replacement or repair of the Motorola supplied products
from light, power, telephone poles etc.
O) Dispatch to remote site locations
P) Loading of software upgrades or fixes into the devices.
V. GOVERNING LAW
In the case of a Product sold in the United States and Canada, this Warranty is governed by the
laws of the State of Illinois and the Province of Ontario, respectively.
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 its 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 its 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 its 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 its parts as depreciated and accept its
return. The depreciation will be an equal amount per year over the lifetime of the Product or its
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 its parts furnished hereunder with software, apparatus or
devices not furnished by Motorola, nor will Motorola have any liability for the use of ancillary
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