c.Defects or damage from improper testing, operation, maintenance, installation, alter- ation, modification, or adjustment.
d.Breakage or damage to antennas unless caused directly by defects in material work- manship.
e.A Product subjected to unauthorized Product modifications, disassemblies or repairs (including, without limitation, the audition to the Product of
f.Product which has had the serial number removed or made illegible.
g.Rechargeable batteries if:
1.Any of the seals on the battery enclosure of cells are broken or show evidence of tampering.
2.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.
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 spec- ifications 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 effect the oper- ation 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 negotia- tions 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 mod- ify the same so that it becomes
