5
warranties whatsoever regarding the selection of,
or
continuing support for, any such third party
content
or
technologies.
6.
WARRANTY AND
DISCLAIMER
(a)
Limited Warranty. Sonos warrants
to
You
that, for a period
of
two
(2)
years 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.
IF YOU ARE A
CONSUMER, THIS WARRANTY
IS
IN
ADDITION TO
AND
DOES
NOT
AFFECT
YOUR STATUTORY RIGHTS. EXCEPT
AS
SET
FORTH IN SECTION
6(c)
AND
SUBJECT
TO
ANY
MANDATORY CONSUMER PROTECTION
LAWS
TO THE
CONTRARY,
SONOS SOLE LIABILITY,
AND
YOUR SOLE
REMEDY,
FOR
BREACH
OF
THE
FOREGOING
WARRANTY
WILL
BE
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
to
the extent
that such results 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/or inconsistent with the
documentation provided
by,
Sonos.
(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 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 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,
PARTICULARLY
IF
YOU
ARE A
CONSUMER,
THE
FOREGOING DISCLAIMER MAY NOT
APPLY
TO
YOU.
In
any event,
to
the extent permitted under the laws
of
Your
jurisdiction, any
implied warranties that may exist under the laws
of
Your
jurisdiction are limited
to
the
two
(2)
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
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.
(b)
IN
NO
EVENT
SHALL
SONOS' TOTAL LIABIUTY
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 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
essenti
al
purpose
of
any limited remedy.
You
acknowledge
that these limitations reflect a reasonable
allocation
of
risk.
(d)
The limitations in this section 7 shall
not
apply
to
damage
resulting from
willful
misconduct
or
gross negligence on the part
of
Sonos. The limitations
of
section 7
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
fulfill
its
contractual obligations towards
You. With regard
to
product
liability, the limitations
in
this section
7
shall
only apply
to
the extent permitted
by
mandatory rules regarding product liability.
(e)
The limitations
in
this section 7
shall
not
affect
your
statutory rights as a consumer.
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 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 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
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