Table des Matières
Publicité
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 LIABILITY 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 essential 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
21
Publicité
Table des Matières
