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20

Sonos

Wireless

Dock

LIMITATIONS

MAY

NOT

APPLY

TO

YOU,

BUT

THEY

SHALL

APPLY

TO

THE

MAXIMUM

EXTENT

PERMITIED

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.

8.1NFRINGEMENT

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

l

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.

9.M

ISCELLANEOUS

You

acknowledge

that

the

Product

is

subject

to

the

export

control

law

and

regulations

of

the

United

States,

and

any

amendments

thereto.

You

warrant

that

You

will

comply

in

all

respects

with

United

States

exports

laws

and

regulations.

This

Agreement

shall

be

governed

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