Motorola DP 1400 - Manual (Page 45)

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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 caused directly by
defects in material workmanship.
E) A Product subjected to unauthorized Product modifications,
disassembles or repairs (including, without limitation, the addition
to the Product of non-MOTOROLA supplied equipment) which
adversely affect performance of the Product or interfere with
MOTOROLA's normal warranty inspection and testing of the
Product to verify any warranty claim.
F) Product which has had the serial number removed or made
illegible.
G)Rechargeable batteries if:
(1) any of the seals on the battery enclosure of cells are broken
or show evidence of tampering.
(2) 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.
H)Freight costs to the repair depot.
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 the
FCC certification 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
does not affect the operation of the Product.
K) Normal and customary wear and tear.
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 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 parts become, or in MOTOROLA’s opinion
be likely to become, the subject of a claim of infringement of a
United States 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 Product or
parts furnished hereunder with software, apparatus or devices not
furnished by MOTOROLA, nor will MOTOROLA have any liability
for the use of ancillary equipment or software not furnished by
MOTOROLA which is attached to or used in connection with the
Product. The foregoing states the entire liability of MOTOROLA with
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