●
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.
8. Freight costs to the repair depot.
9. A Product which, due to illegal or unauthorized alteration of the software/firmware in the Product,
does not function in accordance with MOTOROLA SOLUTIONS' published specifications or the FCC
certification labeling in effect for the Product at the time the Product was initially distributed from
MOTOROLA SOLUTIONS.
10. Scratches or other cosmetic damage to Product surfaces that does not affect the operation of the
Product.
VI. PATENT AND SOFTWARE PROVISIONS:
MOTOROLA SOLUTIONS 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 SOLUTIONS 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:
1. that MOTOROLA SOLUTIONS will be notified promptly in writing by such purchaser of any notice of such
claim,
2. that MOTOROLA SOLUTIONS will have sole control of the defense of such suit and all negotiations for
its settlement or compromise, and
3. should the Product or parts become, or in MOTOROLA SOLUTIONS' opinion be likely to become, the
subject of a claim of infringement of a United States patent, that such purchaser will permit MOTOROLA
SOLUTIONS, 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
SOLUTIONS.
MOTOROLA SOLUTIONS 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 SOLUTIONS, nor will MOTOROLA SOLUTIONS have any liability for the use
of ancillary equipment or software not furnished by MOTOROLA SOLUTIONS, which is attached to or used in
connection with the Product. The foregoing states the entire liability of MOTOROLA SOLUTIONS with respect
to infringement of patents by the Product or any parts thereof.
Laws in the United States and other countries preserve for MOTOROLA SOLUTIONS certain exclusive
rights for copyrighted MOTOROLA SOLUTIONS software such as the exclusive rights to reproduce in copies
and distribute copies of such MOTOROLA SOLUTIONS software. MOTOROLA SOLUTIONS software may
be used in only the Product in which the software was originally embodied and such software in such
Product may not be replaced, copied, distributed, modified in any way, or used to produce any derivative
thereof. No other use including, without limitation, alteration, modification, reproduction, distribution, or
reverse engineering of such MOTOROLA SOLUTIONS software or exercise of rights in such MOTOROLA
SOLUTIONS software is permitted. No license is granted by implication, estoppel or otherwise under
MOTOROLA SOLUTIONS patent rights or copyrights.
VII. GOVERNING LAW:
This Warranty is governed by the laws of the State of Illinois, U.S.A.
MN008401A01-AF
Limited Warranty
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