Motorola F3124A User Manual page 6

ranty inspection and testing of the Product to verify any warranty
claim.
F. Product which has had the serial number removed or made illegible.
G. Rechargeable batteries if:
•any of the seals on the battery enclosure of cells are broken or show evi-
dence of tampering.
•the damage or defect is caused by charging or using the battery in equip-
ment 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 soft-
ware/firmware in the Product, does not function in accordance with
MOTOROLA's published specifications or 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. Normal and customary wear and tear.
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 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 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 parts or to replace or modify the same
so that it becomes noninfringing or to grant such purchaser a credit for
the Product or parts as depreciated and accept its return. The depreci-
ation 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
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