Limitation Of Liability - Sonos Bundle 150 Setup Manual

(c) Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, SONOS MAKES NO WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PRODUCT. SONOS AND ITS
SUPPLIERS HEREBY SPECIFICALLY DISCLAIM ALL OTHER EXPRESS, STATUTORY AND IMPLIED
WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILlT'(, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY
QUALITY. EXCEPT AS EXPRESSLY STATED IN SECTION 5(A), THE PRODUCT IS SUPPLIED ON 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.
6. 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 MAnER 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 PERMlnED 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 6 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.
7. 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