Owner's Manual

8
7.
LIMITATION OF LIABILITY
(a)
TO
THE
MAXIMUM
EXTENT
ALLOWED
UNDER
LAW,
IN
NO
EVENT
WILL
SONOS
OR
ITS
SUPPLIERS
BE
LIABLE
FOR
ANY
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.
(b)
IN
NO
EVENT
SHALL
SONOS'
TOTAL
LIABIUTY
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
willful 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
Sonos
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 permitted
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')
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;
Oi)
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:
0)
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;
(iO
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
(iii)
use
of
the
Products other than as authorized under this Agreement.