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i.Completion and test of incomplete application programming or system integration if not <br />performed by Motorola and specifically listed as covered. <br />j.Use of Software Releases except as provided for under the responsibilities outlined in <br />this document. <br />2.Where ongoing “accidental damage” is deemed by Motorola to be excessive, systemic or the <br />result of product mishandling, customer may be subject to audit. Should it continue unabated, <br />customer will incur repair charges at Motorola discretion and prevailing charges for products <br />deemed by Motorola to have been damaged through improper handling, carelessness or <br />reckless use. <br />3.Where a product is submitted to Motorola for repair that is outside the scope of Service, such <br />repairs will require payment by the Customer and will be quoted by Motorola of additional costs <br />in accordance with Motorola standard Time and Materials (T&M) rates and terms and <br />conditions. Motorola will notify the customer of any incremental charges related to <br />aforementioned exclusions, prior to completing the repair and said repair will be subject <br />toacceptance of the quotation by the customer. <br />4.This service does not cover cosmetic imperfections that do not affect the functionality of the <br />device. <br />5.Motorola is not obligated to provide support for any product: <br />a.That has been repaired, tampered with, altered or modified — except by Motorola <br />authorised service personnel (including the unauthorized installation of any software) and / <br />or the correct installation of Motorola or 3rd party option boards. <br />b.That has been subjected to unusual physical or electrical stress, abuse, or forces or <br />exposure beyond normal use within the specified operational and environmental <br />parameters set forth in the applicable product specification. <br />c.If customer fails to comply with the obligations contained in the product purchase <br />agreement and/or the applicable software license agreement and/or Motorola terms and <br />conditions of service. <br />QUOTE-148697Orange County SO DEMSProposal <br />Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes <br />Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms <br />of use and Purchase Terms and Conditions govern the purchase of the Products. <br /> <br />Page 24 <br />26