Product Information

(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
. 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: (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; (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 is subject to the export control law and regulations of the United
States, and any amendments thereto. You warrant that You will comply in all respects with United
States exports laws and regulations. This Agreement shall be governed by the laws of the State of
California, without reference to its conflict of law principles. You consent to the jurisdiction of the
federal and state courts sitting in the State of California. This Agreement constitutes the entire
agreement between You and Sonos with respect to the subject matter hereof, and supersedes all prior
oral or written understandings, communications or agreements not specifically incorporated herein. If
any provision of this Agreement is found to be invalid or unenforceable pursuant to judicial decree or
decision, the remainder of this Agreement shall remain valid and enforceable according to its terms.
You may not assign this Agreement, or any of its rights or obligations hereunder, whether by operation
3_5_Booklet_525.pdf 263_5_Booklet_525.pdf 26 5/16/2011 4:42:06 PM5/16/2011 4:42:06 PM