Specifications

iv 800 MHz System Planner R4-11-4G
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. Batteries (they carry their own separate limited warranty).
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 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 does 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 alpha numeric 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 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 its 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 its
parts as depreciated and accept its return. The depreciation will be an equal amount
per year over the lifetime of the Product or its 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 its 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 respect to infringement of patents by the Product or any its
parts thereof.
Laws in the United States and other countries preserve for Motorola certain exclusive rights for
copyrighted Motorola software such as the exclusive rights to reproduce in copies and distribute copies of
such Motorola software. Motorola 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
software or exercise of rights in such Motorola software is permitted. No license is granted by
implication, estoppel or otherwise under Motorola patent rights or copyrights.