Motorola iDEN i1000plus User Manual page 142

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 spec-
ifications or the local 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 oper-
ation of the Product.
k. Normal and customary wear and tear.
l. Exclusion for defects or damage arising from use of the products in connection with
non-MOTOROLA equipment.
V. 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 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;
a. That MOTOROLA will have sole control of the defense of such suit and all negotia-
tions for its settlement or compromise; and
a. Should the Product or parts become, or in MOTOROLA'S opinion be likely to
become, the subject of a claim of infringement of a 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
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