Patent And Software Provisions - Motorola APX 4000Li User Manual

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6 Product which has had the serial number removed or
made illegible.
7 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.
8 Freight costs to the repair depot.
9 A Product which, due to illegal or unauthorized
alteration of the software/firmware in the Product, does
not function in accordance with MOTOROLA
SOLUTIONS's published specifications or the FCC
certification labeling in effect for the Product at the time
the Product was initially distributed from MOTOROLA
SOLUTIONS.
10 Scratches or other cosmetic damage to Product
surfaces that does not affect the operation of the
Product.
11 Normal and customary wear and tear.
100
VI. PATENT AND SOFTWARE
PROVISIONS:
MOTOROLA SOLUTIONS 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
SOLUTIONS 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:
1 that MOTOROLA SOLUTIONS will be notified promptly
in writing by such purchaser of any notice of such claim,
2 that MOTOROLA SOLUTIONS will have sole control of
the defense of such suit and all negotiations for its
settlement or compromise, and
3 should the Product or parts become, or in MOTOROLA
SOLUTIONS's opinion be likely to become, the subject
of a claim of infringement of a United States patent, that
such purchaser will permit MOTOROLA SOLUTIONS,
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
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