Sonos BUNDLE 250 -, Product Manual

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Sonos Bundle 250
ix
7. 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 MATTER
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 PERMITTED
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. 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 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