Owner's Manual

4
AND
IMPLIED
WARRANTIES
AND
CONDITIONS, INCLUDING
THE
IMPLIED
WARRANTIES
OF
MERCHANTABILITY,
FITNESS
FOR
A
PARTICULAR
PURPOSE,
NON-INFRINGEMENT
AND
THE
IMPLIED
CONDITION
OF
SATISFACTORY
QUALITY.
EXCEPT
AS
EXPRESSLY
STATED
IN
SECTION
6(A),
THE
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.
UMITATION 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)
Limit
on
Indemnity.
The
foregoing notwithstanding,
Sonos
shall
have
no liability for a
Claim
to the
extent based
on:
(0
the
use
by
You
of any Product more than thirty
(30)
days after
Sonos
notifies
You
in