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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 specifications or with the FCC 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 do not
affect the operation of the Product.
K) That the software in the product will meet the purchaser’s requirements
or that the operation of the software will be uninterrupted or error-free.
L) Normal and customary wear and tear.
M) Non-Motorola manufactured equipment unless bearing a Motorola
Part Number in the form of an alphanumeric number (i.e.,TDE6030B).
V. GOVERNING LAW
In the case of a Product sold in the United States and Canada, this
Warranty is governed by the laws of the State of Illinois and the
Province of Ontario respectively.
VI. 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 its parts infringe a United States 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 negotiations for its settlement or compromise; and
C) Should the Product or its parts become, or in Motorola’s opinion be
likely to become, the subject of a claim of infringement of a United