Motorola HMN9038 - HMN 9038 - Headset Manual do Proprietário - Página 21
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V.WHAT THIS WARRANTY DOES NOT COVER:
a) Defects or damage resulting from use of the Product in other than its normal and customary manner.
b) Defects or damage from misuse, accident, liquid, or neglect.
c) Defects or damage from improper testing, operation, maintenance, installation, alteration, modifica-
tion, or adjustment.
d) Breakage or damage to antennas unless caused directly by defects in material workmanship.
e) A Product subjected to unauthorized Product modifications, disassemblies or repairs (including, with-
out 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 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 effect 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 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 settle-
ment 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 Unites 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 fur-
nished by MOTOROLA, nor will MOTOROLA have any liability for the use of ancillary equipment or soft-
ware 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 parts thereof.
Laws in the United States and other countries preserve for MOTOROLA certain exclusive rights for copy-
righted 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.
VII.PRODUCT WARRANTY SCHEDULE:
Spirit Radios:One (1) year
Rechargeable Batteries will be replaced during the applicable warranty period if:
a) the battery capacity falls below 80% of rated battery capacity or,
b) the battery develops leakage.
Spirit Accessories: One (1) year.
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