A)Defects or damage resulting from use of the Product in other than its normal and customary manner.
B)Defects or damage from misuse, accident, water, or neglect.
C)Defects or damage from improper testing, operation, maintenance, installation, alteration, modification, or adjustment.
D)Breakage or damage to antennas unless caused directly by defects in material workmanship.
E)A Product subjected to unauthorized Product modifications, disassemblies or repairs (including, without limitation, the addition to the Product of
F)Product which has had the serial number removed or made illegible.
G)Batteries (they carry their own separate limited warranty).
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 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 does 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)Non-Motorola manufactured equipment unless bearing a Motorola Part
Number in the form of an alpha numeric number (i.e., TDE6030B).
N)Lift trucks for installation, removal, replacement or repair of the Motorola supplied products from light, power, telephone poles etc.
O)Dispatch to remote site locations
P)Loading of software upgrades or fixes into the devices.
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 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 its parts or to replace or modify the same so that it becomes
Motorola will have no liability with respect to any claim of patent infringement which is based upon the combination of the Product or its parts furnished hereunder with software, apparatus or devices not furnished by Motorola, nor will Motorola have any liability for the use of ancillary
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