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14 <br /> occurs first, this System functionality representation is fulfilled Motorola is not responsible for System <br /> performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is <br /> attached to or used in connection with the System or for reasons or parties beyond Motorola's oontvo|, <br /> such as natural causes;the construction of a building that adversely affects the microwave path reliability <br /> or radio frequency (RF) coverage;the addition of frequencies at System sites that cause RF interference <br /> or intermodulation;or Customer changes to load usage or configuration outside the Specifications. <br /> 9.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment <br /> under normal use and service will be free from material defects in materials and workmanship. If System. <br /> Acceptance is delayed beyond six(8) months after shipment of the Equipment by events or causes within <br /> Customers control,this warranty expires eighteen(18) months after the shipment mf the Equipment. <br /> 9.3' MOTOROLA SOFTWARE WARRANTY. Unless otherwise stated in the Software License <br /> Agreement, during the Warranty Period, Motorola warrants the Motorola Software in accordance with the <br /> terms of the Software License Agreement and the nov i of this Section 9.that are applicable to the <br /> Motorola Software. If System Acceptance is delayed beyond six (6) months after shipment of the <br /> Motorola Software by events or causes within Customer's control, this warranty expires eighteen (18) <br /> months after the shipment of the Motorola Software- TO THE EXTENT, IF- ANY, THAT THERE IS A <br /> SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A <br /> PARTICULAR PRODUCT THAT BECOMES EFFECTIVE C)NAN ACT OF ACCEPTANCE BY THE END <br /> UF�ER, THEN THAT AGREEMENT SUPERCE[)E8 THIS SOFTWARE LICENSE AGREEMENT AS TO <br /> THE END USER OF EACH SUCH PRODUCT. <br /> 9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These <br /> warranties do not apply to: (i) defects or damage resulting from: use of the Equipment or Motorola <br /> Software in other than its normal, customary,and authorized manner;accident, liquids, neglect, or acts of <br /> God; testing, maintenance' disassembly, repair, installation, alteration, modification, or adjustment not <br /> provided or authorized in writing by Motorola;Customer's failure too |yvithm||app|ioab|einduaLryand <br /> OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or <br /> workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries <br /> (because they carry heir own separate limited warranty) or conaumables; (v) freight costs to ship <br /> Equipment to the repair depot; (vi) heoor other cosmetic damage 10 Equipment surfaces that does <br /> not affect the operation of the Equipment;and(vii) normal or customary wear and tear. <br /> 9.5' WARRANTY CLAIMS. To assert a warranty claim, Customer must notify KVnhnoo|a in writing of <br /> the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will <br /> investigate the warranty claim. If this investigation cunfinne a valid warranty claim, Motorola will (at its <br /> option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, <br /> replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola <br /> Software. That action will be the full extent of Motorola's liability for the warranty claim. If this <br /> investigation indicates the warranty claim ia not valid,then Motorola may invoice Customer for responding <br /> to the claim on a time and materials basis using Motorola's then current labor rates. Repaired orreplaced <br /> product is warranted for the balance of the original applicable warranty period. All replaced products or <br /> parts will become the property ofMotorola. <br /> 9.6. ORIGINAL END USER |8 COVERED. These express limited warranties are extended by <br /> Motorola to the original user purchasing the System for commercial, industrial, or governmental use only, <br /> and are not assignable ortransferable. <br /> 8.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE <br /> WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS <br /> AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS <br /> ALL OTHER WARRANTIES OR COND|T|DNG, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED <br /> WARRANTIES OF MERCHANTABILITY AND FITNESS FOR/\PARTICULAR PURPOSE. <br /> Section 10 DELAYS <br /> mcmomla.oaxnevmun.10.22.12.ovn e <br /> Motorola Contract No._________ <br />