Motorola i570 manual Patent and Software Provisions, Freight costs to the repair depot

•A Product subjected to unauthorized Product modifications, disassembles or repairs (including, without limitation, the audition to the Product of non-MOTOROLA supplied equipment).

•Product which has had the serial number removed or made illegible.

•Rechargeable batteries if:

Any of the seals on the battery enclosure of cells are broken or show evidence of tampering.

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.

•Freight costs to the repair depot.

•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 the local type acceptance labeling in effect for the Product at the time the Product was initially distributed from MOTOROLA.

•Scratches or other cosmetic damage to Product surfaces that does not effect the operation of the Product.

•Normal and customary wear and tear.

•Exclusion for defects or damage arising from use of the products in connection with non-MOTOROLA equipment.

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:

•That MOTOROLA will be notified promptly in writing by such purchaser of any notice of such claim;

•That MOTOROLA will have sole control of the defense of such suit and all negotiations for its settlement or compromise; and

•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 non-infringing or to grant such purchaser a credit for the Product or parts as depreciated and accept its return. The depreciation will be an equal amount per year over the lifetime of the Product or parts as established by

MOTOROLA.

MOTOROLA will have no liability with respect to any claim of patent infringement which is based upon the combination of the

88Export Law