2
License Agreement and Limited Warranty
(U.S.
and rest
of
world,
excluding Europe)
Sonos,
Inc.
READ THE TERMS
OF THIS LICENSE
AGREEMENT AND
LIMITED
WARRANTY
("AGREEMENT") GOVERNING
THE USE
OF
THE
SOFTWARE
AND
RELATED
FIRMWARE
AND
DOCUMENTATION (COLLECTIVELY,
THE
"SOFTWARE") PROVIDED
TO
YOU
BY
SONOS
("SONOS") CAREFULLY
BEFORE USING
THE
APPLICABLE SONOS PRODUCT (SUCH
HARDWARE,
TOGETHER WITH
THE
SOFTWARE, REFERRED
TO
AS THE
"PRODUCT").
BY
OPENING THIS PACKAGE, INSTALLING
AND USING
THE
PRODUCT, YOU
ARE
(1)
REPRESENTING
THAT
YOU ARE
OVER THE AGE
OF
18,
(2)
REPRESENTING
THAT YOU
HAVE THE
RIGHT
AND
AUTHORITY TO LEGALLY
BIND YOURSELF OR YOUR COMPANY,
AS
APPLICABLE,
AND
(3)
CONSENTING TO
BE LEGALLY
BOUND
BY ALL OF
THE TERMS
OF
THIS AGREEMENT.
IF
YOU DO NOT
AGREE
TO
ALL THESE TERMS OR
CANNOT
MAKE
SUCH REPRESENTATIONS, DO NOT
USE THE
PRODUCT.
IF
YOU ELECT
NOT
TO ACCEPT
THE TERMS
OF THIS AGREEMENT,
YOU MAY RETURN THE NEW, UNUSED
PRODUCT
WITHIN THIRTY
(30)
DAYS
OF PURCHASE
TO
THE
RETAIL LOCATION
WHERE
YOU
PURCHASED
IT,
WITH
ALL ORIGINAL PACKAGING FOR
A FULL REFUND.
1.
GRANT
OF
LICENSE
(a)
Subject
to
the terms and conditions
of
this Agreement, Sonos grants
to
You
a
worldwide,
non-exclusive, non-transferable,
personal license
(without the right
to
sub-license)
to
(i)
use the
Software as
embedded
in
the
Product
for the purpose
of
operating the
Product,
and
(ii)
use the
desktop
application
portion(s)
of
the Software on any
personal
computer
owned
or
controlled
by
You
during the Term. Except as provided above, You may
not
transfer the Software
to
any other
computing device
or
otherwise remove the Software from
the
Product.
Notwithstanding any
license
granted herein
by
Sonos,
You
acknowledge
and agree that it is Your
sole responsibility
to
comply
with U.S. and international copyright
laws
with respect
to
Your use
of
the Software.
(b)
You
agree
not
to
copy, modify, reverse engineer,
decompile
or
disassemble the
Product
to
the extent that such restriction is
not
prohibited by law. Except for the
limited license
granted
herein, Sonos and its
suppliers
hereby retain
all
right, title
and interest
in
and
to
all worldwide
intellectual
property rights embodied
in
the Software.
All
other rights are reserved
by
Sonos.
You
acknowledge
and agree that the
technology
embedded
in
and used
to
create the
Product
constitute the
valuable trade secrets and
know-how
of
Sonos, and
to
the extent you discover
any such trade secrets,
You
will
not
disclose
them
to
any third party.
(c)
Sonos shall
have no
obligation
to
provide any updates
or
upgrades
to
the
Product,
but
in
the
event that it does, such updates, upgrades and any documentation
shall
be
deemed the
"Product", and
shall
be subject
to
the terms and conditions
of
this Agreement.
2.
TERM
OF
AGREEMENT
(a)
You
may
terminate this Agreement at any time
by
notifying Sonos, discontinuing use
of
the
Product
and purging the Software from Your computing device.
(b)
This Agreement
will automatically terminate
if
You
violate
any
of
its terms.
(c)
Sections 1
(b),
3, 4,
6(c),
7 and 9
shall
survive termination
or
expiration for any reason.
3.
COMPLIANCE WITH COPYRIGHT
LAWS
Sonos
complies
with U.S. and international copyright
laws
and in consideration
of
the
licenses
granted herein, You agree
to
do
the
same.
You
acknowledge
that unauthorized copying
or
distribution
of
music
or
other content accessed using the
Product ("Content") is prohibited
by
such copyright laws,
and
You
agree that
You
will
not,
directly
or
indirectly,
copy
or
distribute any
Content without the express written authorization
of
the copyright
holder.
You
agree
to
indemnify
and
hold harmless
Sonos and its
licensors
from and against any and
all claims,
suits,
losses,
damages,
liabilities,
costs and expenses incurred
by
Sonos
or
its
licensors
arising
out
of
or
related
to
Your
failure
to
comply
with the terms
of
this Section
3.
4.
SONOS PRIVACY POLICY
Use
of
Sonos
Products
is subject
to
the Sonos
Privacy Policy,
which can
be
found at
www.sonos.com//egallprivacy _policy.htm and by reference is
made
a part
of
this Agreement.
The
Sonos
Privacy Policy outlines
the type
of
information that
may
be
collected
from
you
by
Sonos and
how
such information may be used by Sonos.
It
is important that you read and
understand
the
terms
of
the
Privacy Policy.
5.
THIRD
PARTY
CONTENT AND
TECHNOLOGIES SUPPORT
From
time
to
time, Sonos
may
provide access
to
third party
content
providers via the
Product.
In
addition, Sonos
may
support certain third party technologies, such as specific
file
formats
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.
6.
WARRANTY AND
DISCLAIMER
(a)
Limited Warranty.
So
nos 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
CORRECTED. EXCEPT
AS SET
FORTH
IN
SECTION
6(c),
SONOS' SOLE LIABILITY,
AND
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