VII. Some Other Limitations

•Rechargeable batteries that: (a) are charged by other than the Motorola-approved battery charger specified for charging such batteries; (b) have any broken seals or show evidence of tampering; (c) are used in equipment other than the Product for which they are specified; or (d) are charged and stored at temperatures greater than 60 degrees centigrade. Any of these voids the warranty.

•Products that have: (a) serial numbers or date tags that have been removed, altered, or obliterated; (b) board serial numbers that do not match each other, or board serial numbers that do not match the housing; or (c) nonconforming or non-Motorola housings or parts. Any of these voids the warranty.

•Defects or damage that result from: (a) use of the Products in a manner that is not normal or customary; (b) improper operation or misuse; (c) accident or neglect such as dropping the Products onto hard surfaces; (d) contact with water, rain, extreme humidity, or heavy perspiration; (e) contact with sand, dirt or the like; or (f) contact with extreme heat, or spills of food or liquid.

•Physical damage to the surface of the Products, including scratches, cracks, or other damage to a display screen, lens, or other externally exposed parts.

•Failure of Products that is due primarily to any communication service or signal you may subscribe to or use with the Products.

•Coil cords that are stretched or that have any broken modular tabs.

•Products that are leased.

Warranty

Flat-rate repair rates may apply to Products not covered by this warranty. To obtain information about Products needing repairs that are not covered by this warranty, please call the telephone number previously listed. We will provide information on repair availability, rates, methods of payment, where to send the Products, etc.

This is Motorola’s complete warranty for the Products, and states your exclusive remedies. This warranty is given in lieu of all other express warranties. Implied warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, are given only if specifically required by applicable law. Otherwise, they are specifically excluded.

No warranty is made as to coverage, availability, or grade of service provided by the Products, whether through a service provider or otherwise.

No warranty is made that the software will meet your requirements or will work in combination with any hardware or applications software products provided by third parties, that the operation of the software products will be uninterrupted or error free, or that all defects in the software products will be corrected.

In no event shall Motorola be liable, whether in contract or tort (including negligence) for damages in excess of the purchase price of the Product, or for any indirect, incidental, special or consequential damages of any kind, or loss of revenue or profits, loss of business, loss of information or data, or other financial loss arising out of or in connection with the ability or inability to use the Products, to the full extent these damages may be disclaimed by law.