Advertisement
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.
LIMITATION 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.
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.
17
Advertisement
