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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 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 11 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 the essential purpose of any limited remedy. You acknowledge that these
limitations reflect a reasonable allocation of risk.
d. The limitation in this Section 11 shall not apply to damage resulting from willful misconduct or gross
negligence on the part of Sonos. The limitations of this Section 11 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 fulfil its contractual obligations towards You. With
regards to product liability, the limitations in this Section 11 shall apply only to the extent permitted by
mandatory rules regarding product liability.
e. The limitations in this Section 11 shall not affect Your statutory rights as a consumer.
12. 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 Claim 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 12 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.
13. MISCELLANEOUS
a. Export Control. 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. You may not use or otherwise export or re-export the Products
except as authorized by United States law and the laws of the jurisdiction(s) in which the Product was
obtained.
b. Governing law and forum. This Agreement is governed and construed in accordance with the law of the
Netherlands, and the application of the United Nations Convention of the Contracts of the International Sale
of Goods is expressly excluded. If You are a consumer and have Your habitual residence in the EU or the UK,
or Switzerland, or Norway or Iceland, or Liechtenstein You additionally enjoy the protection afforded to You
by mandatory provision of the law of Your country of residence. You agree, along with Sonos, to submit to
the non-exclusive jurisdiction of the courts of the Netherlands, which means that You may bring a claim to
enforce Your consumers protection rights, in connection with this Agreement, in The Netherlands,
Switzerland, Norway, Iceland, Liechtenstein or in the EU country where You live. If You reside in the EU, the
European Commission provides for an online dispute resolution platform, which You can access here: https:/
/ec.europa.eu/consumers/odr. If You would like to bring a matter to our attention, please contact us.
c. Entire Agreement. 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.
d. Severability. 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 term.
e. No Assignment. You may not assign this Agreement, or any of its rights or obligations hereunder, whether
by operation of law or otherwise, without the prior written consent of Sonos. Any attempted assignment by
You without prior written consent shall be void.
f. Summary of Your legal rights. We are under a legal duty to supply products that are in conformity with this
contract.
g. Notices from Sonos. When You use Sonos Product and/or Services or send us email, You are
communicating with us electronically. We will communicate with You electronically in a variety of ways, such
as by email, in-App messages and/or push notices or by posting messages or communications on the
Sonos website or through the other Sonos Services. Sonos may provide You with notices regarding the
Product and/or Services, including changes to this Agreement, by email to Your Sonos Account email
address (and/or other alternate email address associated with Your Sonos Account if provided), via Sonos
App or by postings on our Sonos website. If Sonos needs to contact You about Your Product and/or
Services, You consent to receive the notices by email or as otherwise specified in this Agreement. For
contractual purposes, You agree that all notices, disclosures and other communications that we provide You
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