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.
8. INFRINGEMENT INDEMNITY
(a)
Indemnity.
Sanos
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;
Qi)
give Sanos the exclusive authority
to
control
and
direct the defense or
settlement of such Claim;
and
Qii)
give Sanos, at Sonos' expense (except for the value
of
Your
time),
all
necessary
information
and
assistance with respect to the
Claim.
Sanos 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)
Limn
on
Indemnity.
The foregoing notwithstanding, Sanos
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 Sanos notifies
You
in
writing that
continued
use
of the Product may give
rise
to
such
Action;
Qi)
the combination of the Product,
or
any
part
thereof, with other hardware or products not provided by
Sanos,
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.