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
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:
(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:
(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;
(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
(iii)
use
of
the
Products
other than as authorized under this Agreement.
(c)
Entire 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