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 local 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 oper- ation of the Product.
k.Normal and customary wear and tear.
l.Exclusion for defects or damage arising from use of the products in connection with
V.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 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 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
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 with software, apparatus or devices not furnished by MOTOROLA, nor will MOTOROLA have any liability for the use of ancillary equipment or software not furnished by MOTOROLA which is attached to or sued in connection with the Product or any parts thereof. In no event shall MOTOROLA be liable for any incidental, special or consequential damages arising from any claim of patent infringement or alleged infringement.
