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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.
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' 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
copies and distribute copies of such MOTOROLA SOLUTIONS software. MOTOROLA SOLUTIONS
software may be used in only the Product in which the software was originally embodied and such
software in such Product may not be replaced, copied, distributed, modified in any way, or used
to produce any derivative thereof. No other use including, without limitation, alteration, modification,
reproduction, distribution, or reverse engineering of such MOTOROLA SOLUTIONS software or
exercise of rights in such MOTOROLA SOLUTIONS software is permitted. No license is granted by
implication, estoppel or otherwise under MOTOROLA SOLUTIONS patent rights or copyrights.
VII. GOVERNING LAW:
This Warranty is governed by the laws of the State of Illinois, U.S.A.
68012001081-JW
Limited Warranty
87
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