Sonos ZonePlayer S5 - Manual (Page 9)

Sonos ZonePlayer S5 vii
ENGLISH
NEDERL
ANDS
DEUT
SCH
SVENSKA
(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 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. MISCELLANEOUS
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 by the laws of the State of California, without reference to its
conflict of law principles. You consent to the jurisdiction of the federal and state courts sitting in the State of
California. This Agreement constitutes the entire agreement between You and Sonos with respect to the subject
matter hereof, and supersedes all prior oral or written understandings, communications or agreements not
specifically incorporated herein. If any provision of this Agreement is found to be invalid or unenforceable
pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable