Vi. Patent And Software Provisions - Motorola APX 7000 User Manual

6875952M01-NK
Limited Warranty
2 Defects or damage from misuse, accident, water, or neglect.
3 Defects or damage from improper testing, operation, maintenance, installation, alteration,
modification, or adjustment.
4 Breakage or damage to antennas unless caused directly by defects in material workmanship.
5 A Product subjected to unauthorized Product modifications, disassembles or repairs (including,
without limitation, the addition to the Product of non-MOTOROLA SOLUTIONS supplied equipment)
which adversely affect performance of the Product or interfere with MOTOROLA SOLUTIONS's
normal warranty inspection and testing of the Product to verify any warranty claim.
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.
6.7

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 its
return. The depreciation will be an equal amount per year over the lifetime of the Product or parts as
established by MOTOROLA SOLUTIONS.
MOTOROLA SOLUTIONS 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 SOLUTIONS, nor will MOTOROLA SOLUTIONS have any
liability for the use of ancillary equipment or software not furnished by MOTOROLA SOLUTIONS which
is attached to or used in connection with the Product. The foregoing states the entire liability of
MOTOROLA SOLUTIONS with respect to infringement of patents by the Product or any parts thereof.
Laws in the United States and other countries preserve for MOTOROLA SOLUTIONS certain exclusive
rights for copyrighted MOTOROLA SOLUTIONS software such as the exclusive rights to reproduce in
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