Nextel comm H69XAH6RR1AN VI. Patent and Software Provisions:

136
Limited Warranty Motorola Communication Pr oducts (International)
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
causeddirectly by defects in material
workmanship.
e. A Product subjected to unauthorized Product
modifications,disassemblies or repairs
(including,without limitation, the auditionto the
Productof non-MOTOROLA supplied
equipment).
f. Productwhich has had the serial number
removedor made illegible.
g. Rechargeable batteries if:
1.Anyof the seals on the battery enclosure of
cellsare broken or show evidence of
tampering.
2.Thedamage or defect is caused by
chargingor using the battery in equipment
orservice other than the Product for which it
isspecified.
h. Freight costs to the repair depot.
i. A Productwhich, due to illegal or unauthorized
alterationof the software/firmware in the
Product,does not function in accordance with
MOTOROLA’Spublished specifications or the
localtype acceptance labeling in effect for the
Productat the time the Product was initially
distributed from MOTOROLA.
j. Scratches or other cosmeticdamage to
Productsurfaces that does not effect the
operationof the Product.
k. N ormaland customary wearand tear.
l. Exclusion for defectsor damage arising from
useof the productsin connectionw ith
non-MOTOROLAequipment.
VI. Patent and Software
Provisions:
MOTOROLA will defend , at its own expense, any
suitbrought againstthe end user purchaser to the
extentthat itis based on a claim that theP roductor
parts infringe a patent, and Motorolawill pay those
costs and damages finally awa rded against the
end user purchaser in any such sui tw hich are
attributableto any such claim,but such defense
andpayments are conditionedon the following:
a. That MOTOROLA will be notified promptly in
writingby such purchaser of any notice of such
claim;
b. That MOTOROLA will have sole control of the
defenseof such suit and all negotiations for its