Owner's Manual

4
PRODUCT IS SUPPLIED ON AN
"AS IS" BASIS WITHOUT
WARRANTY YOU
ASSUME ALL
RESPONSIBILITIES FOR SELECTION OF
THE
PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND
FOR
THE
INSTALLATION
AND USE
OF
THE PRODUCT.
Some
jurisdictions
do
not
allow a limitation
on
implied
warranties, and
so
the foregoing
disclaimer
may
not
apply
to
You.
In
any event, any
implied
warranties that
may
exist under the
laws
of
Your jurisdiction are
limited
to
the one
(1)
year period set forth
in
the
limited
warranty given under subsection
(a)
above.
7.
LIMITATION
OF
LIABILITY
(a)
TO
THE
MAXIMUM
EXTENT ALLOWED
UNDER LAW, IN NO
EVENT WILL SONOS OR ITS SUPPLIERS
BE
LIABLE FOR
ANY
DAMAGES,
INCLUDING
BUT
NOT LIMITED TO, INCIDENTAL, SPECIAL,
CONSEQUENTIAL,
EXEMPLARY,
OR INDIRECT
DAMAGES, AND
INCLUDING
BUT
NOT
LIMITED TO,
COST OF COVER, LOSS OF
DATA,
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY LOSS ARISING FROM
THE USE
OF (OR INABILITY TO
USE)
THE PRODUCT, NO
MATTER
HOW
CAUSED AND
ON
ANY
THEORY OF LIABILITY
BECAUSE
SOME
STATES/JURISDICTIONS DO NOT ALLOW
THE
EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL
DAMAGES,
SOME OF
THE
ABOVE LIMITATIONS MAY
NOT
APPLY
TO YOU,
BUT THEY SHALL APPLY
TO
THE
MAXIMUM
EXTENT
PERMITTED
BY
LAW.
(b)
IN
NO
EVENT
SHALL
SONOS' TOTAL LIABILITY TO YOU FOR
ALL
DAMAGES
IN
ANY
ONE OR MORE
CAUSES
OF ACTION
EXCEED THE
AMOUNT
PAID
BY
YOU FOR THE PRODUCT.
(c)
The
limitations
in
Section 7
will apply
even if Sonos, its
suppliers
or
dealers
have been advised
of
the
possibility
of
such damage
or
of
any
type
of
use intended
by
You. These
limitations shall apply
notwithstanding the
failure
of
essential
purpose
of
any
limited
remedy.
You
acknowledge
that these
limitations reflect
a
reasonable allocation
of
risk.
a
INFRINGEMENT INDEMNITY
(a)
Indemnity. Sonos
shall
defend
or
settle any
claim,
demand, suit, proceeding
or
action
("Claim")
against
You
to
the extent that such
Claim
is based on an
allegation
that any portion
of
the Product, as furnished
to
You
under this Agreement and used as authorized
in
this Agreement, infringes any third party's U.S.
copyright or misappropriates such third party's trade secrets, provided that
You:
(i)
give
prompt
written
notice
of
the Claim
to
Sonos;
(ii)
give Sonos the
exclusive
authority
to
control
and direct the defense
or
settlement
of
such
Claim;
and
(iii)
give Sonos, at Sonos' expense (except for the
value
of
Your time),
all
necessary information and assistance with respect
to
the
Claim.
Sonos
shall pay
all settlement
amounts,
damages and costs
finally
awarded
to
the extent attributable
to
such
Claim.
You
may
participate in the
defense
of
Claim
at Your expense. Sonos
will
not be
liable
for any costs
or
expenses incurred without its
prior written authorization.
(b)
Umit on
Indemnity. The foregoing notwithstanding, Sonos
shall
have
no
liability
for a
Claim
to
the extent
based on:
(i)
the
use
by
You
of
any Product more than thirty
(30)
days after Sonos notifies
You
in writing that
continued use
of
the Product
may
give rise
to
such Action;
(ii)
the combination
of
the Product,
or
any part
thereof, with other hardware
or
products not provided
by
Sonos, which
Claim would
have been avoided if
the Products had not been
so
combined;
or
Oii)
use
of
the Products other than as authorized under this
Agreement.