Motorola I335 User Manual - Page 96

Patent and Software Provisions, such purchaser of any notice of such claim

Get Motorola I335 - Nextel Cell Phone PDF manuals and user guides
UPC - 723755832244
View all Motorola I335 manuals
Add to My Manuals
Save this manual to your list of manuals

Page 96 highlights

• 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. 90 Export Law 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

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
90
Export Law
•
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