Sonos ZonePlayer 90 Product Manual page 30

5.THIRD PARTY CONTENT AND TECHNOLOGIES SUPPORT
From time to time, So nos may provide access to third party content providers via the Product In addition, Sonos may
support certain third party technologies, such as specific file fonmats or codecs. Sonos reserves the right to discontinue
access to and/or support for such third party content or technologies at any time, and for any reason. Sonos makes no
representations or warranties whatsoever regarding the selection of, or continuing support for, any such third party
content or technologies.
6WARRANTY AND DISCLAIMER
(a) Limited Warrantv. Sonos warrants to You that for a period of one (1) year after the date of original purchase of the
Product, the Product will be free from defects in materials and workmanship. SONOS DOES NOT WARRANT THAT THE
PRODUCT WILL OPERATE WITHOUT INTERRUPTION OR WILL BE ERROR-FREE, OR THAT ALL ERRORS MAY BE CORREffiD.
EXCEPT AS SET FORTH IN SECTION 6(C), SONOS' SOLE LIABILITY, AND YOUR SOLE REMEDY, FOR BREACH OF THE FOREGOING
WARRANTY WILL BE, AT SO NOS' SOLE DISCRETION, REPAIR OR REPLACEMENT OF THE PRODUCT, OR, IF NEITHER OF THE
FOREGOING ARE REASONABLY AVAILABLE, A REFUND OF THE AMOUNT YOU PAID, LESS AMOUNTS ATTRIBUTABLE TO YOUR
PRIOR USE.
(b) Limitations. The foregoing warranty does not extend to problems in the Product that result from: (i) Your failure to
implement all bug fixes or error corrections to the Product which are made available by Sonos; (ii) any use of the Product
in a manner for which it was not designed or as not authorized under this Agreement; or (iii) any use of the Product with
other products, hardware or products not supplied by, and inconsistent with the documentation provided by, Sonos.
(c) Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, SO NOS MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCT. SO NOS AND ITS SUPPLIERS HEREBY SPECIFICALLY IJISCLAIM
ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIE D WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITION OF
SATISFACTORY QUALITY. EXCEPT AS EXPRESSLY STATED IN SECTION 6(A), THE PRODUCT IS SUPPLIED O N AN "AS IS" BASIS
WITHOUT WARRANTY. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED
RESULTS, 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.
?.LIMITATION OF LIABILITY
(a) TO THE MAXIMUM EXTENT ALLOWED UNDER LAW, IN NO EVENT WILL SON OS 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 O F
BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING FROM THE USE OF (OR INABILITY TO U SE) THE PRODUCT, NO
MATTER HOW CAUSED AND ON ANY THEORY O F 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 ACTI O N
EXCEED THE AMOUNT PAID BY YOU FOR THE PRO DUCT.
(c) The limit ations in Section 7 will apply even if Sonos, its suppliers or dealers have been advised of t he possibility of
such damage or of any type of use intended by Y ou. 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.
8.1NFRINGEMENT INDEMNITY
(a) .!nl!mlnrty. Sonos shalt 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 Y ou 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 t o 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), aU necessary information and assistance with respect to the Claim. Sonos shalt pay
aU settlement amounts, damages and costs finally awarded to the extent attributable to such Claim. Y ou may
participate in the defense of C laim at Your expense. Sonos wilt 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 C laim would have been avoided if the Products had not been so combined; or (iii)
use of the Products ot her than as authorized under this Agreement.
{c) Entire Liabilitv. THE FOREGOING PROVISIONS OF THIS SECTION 8 STATE THE E N TIRE LIABILITY AND OBLIGATIONS OF
SONOS, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY ACTUAL O R ALLEGED INFRINGEMENT OF OR
MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHT BY THE PRODUCT.
9.MISCELLANEOU S
You acknowledge that the Product is subject t o the export control law and regulations of the United States, and any
amendments thereto. You warrant that You will comply in aU respects with United States exports laws and regulations.
This Agreement shall be governed by the laws ofthe State of California, without reference t o 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 tenms. 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.
For inquiries or questions regarding this Agreement, please send an e-mail to support@sonos.com or call (800) 680-
2345.