Owner's Manual
8
(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
UNLESS
OTHERWISE
REQUIRED
BY
LAW.
(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.
(d)
The
limitations in this section 7
shall
not apply to damage
resulting
from
wiltful
misconduct
or
gross
negligence on the part
of
Sonos.
The limitations
of
section 7
shall
further not apply to damage
resulting
from
loss
of life or
personal
injury caused by willful misconduct or negligence or
breach
of contract by Sones or its
directors or any third party Sonos has used to fulfill its contractual obligations towards
You.
With
regard
to
product
liability,
the limitations
in
this section 7
shall
only apply to the extent pennitted
by
mandatory
rules
regarding
product
liability.
(e)
The
limitations
in
this section 7 shall not affect your statutory rights
as
a
consumer.
a INFRINGEMENT INDEMNITY
(a)
Indemnity.
Sonos
shall
defend or settle any claim, demand,
suit,
proceeding or action
("Claim'1
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 copyright or
misappropriates such third party's trade
secrets,
provided that
You:
(0
give prompt written notice
of
the
Claim
to
Sonos;
00
give Sonos the exclusive authority to control and direct the defense or settlement of such
Claim;
and
(ii0
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)
Limit 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
and
offers,
in
return for
You
ceasing all further use
of
the Product, to
refund
the price
paid
by
You
for the Product
less
amounts attributable to
Your
prior
use;
00
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
(ii0
use
of
the Products
other
than
as
authorized under this
Agreement.
(c)
Entjre
Liability.
THE
FOREGOING
PROVISIONS
OF
THIS
SECTION
8
STATE
THE
ENTIRE
LIABILITY
AND
OBLIGATIONS
OF
SONOS,
AND
YOUR
EXCLUSIVE
REMEDY,
WITH
RESPECT
TO
ANY
ACTUAL
OR
ALLEGED
INFRINGEMENT
OF
OR
MISAPPROPRIATION
OF
ANY
INTELLECTUAL
PROPERTY
RIGHT
BY
THE
PRODUCT.
9.
MISCELLANEOUS
You
acknowledge that the Product may be subject to the export control law and regulations of the
jurisdiction
in
which
You
purchased the Product and
you
warrant that
You
will comply in
all
respects with
such laws and regulations. This Agreement
shall
be governed by the laws
of
the Netherlands, without
reference
to its conflict of law principles,
The
United Nations Convention on contracts for the International