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 specifications or with 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 do not affect the operation of the Product.
K)That the software in the product will meet the purchaser’s requirements or that the operation of the software will be uninterrupted or
L)Normal and customary wear and tear.
M)
V.GOVERNING LAW
In the case of a Product sold in the United States and Canada, this Warranty is governed by the laws of the State of Illinois and the Province of Ontario respectively.
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 its 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 its parts become, or in Motorola’s opinion be likely to become, the subject of a claim of infringement of a United
xv
