Sonos Digital Music System Use and maintenance manual

SONOS EUROPE B.V.
LICENSE AGREEMENT AND LIMITED WARRANTY
READ THE TERMS OF THIS LICENSE AGREEMENT AND LIMITED WARRANTY ("AGREEMENT")
GOVERNING THE USE OF THE SOFTWARE AND RELATED FIRMWARE AND DOCUMENTATION
(COLLECTIVELY, THE “SOFTWARE”) PROVIDED TO YOU BY SONOS EUROPE B.V. (“SONOS”)
CAREFULLY BEFORE BUYING THE APPLICABLE SONOS PRODUCT (SUCH HARDWARE, TOGETHER
WITH THE SOFTWARE, REFERRED TO AS THE “PRODUCT”).
BY PURCHASING THE PRODUCT, YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18,
(2) REPRESENTING THAT YOU HAVE THE RIGHT AND AUTHORITY TO LEGALLY BIND YOURSELF OR
YOUR COMPANY, AS APPLICABLE, AND (3) CONSENTING TO BE LEGALLY BOUND BY ALL OF THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS OR CANNOT MAKE
SUCH REPRESENTATIONS, DO NOT PURCHASE THE PRODUCT.
1. GRANT OF LICENSE
(a) Subject to the terms and conditions of this Agreement, Sonos grants to You a worldwide, non-
exclusive, non-transferable, personal license (without the right to sub-license) to (i) use the Software as
embedded in the Product for the purpose of operating the Product, and (ii) use the desktop application portion(s)
of the Software on any personal computer owned or controlled by You during the Term. You may not transfer
the Software to any other computing device or otherwise remove the Software from the Product.
Notwithstanding any license granted herein by Sonos, You acknowledge and agree that it is Your sole
responsibility to comply with U.S. and international copyright laws with respect to Your use of the Software.
(b) You agree not to copy, modify, reverse engineer, decompile or disassemble the Product to the
extent that such restriction is not prohibited by applicable mandatory law. Except for the limited license granted
herein, Sonos and its suppliers hereby retain all right, title and interest in and to all worldwide intellectual property
rights embodied in the Software. All other rights are reserved by Sonos. You acknowledge and agree that the
technology embedded in and used to create the Product constitute the valuable trade secrets and know-how of
Sonos, and to the extent You discover any such trade secrets, You will not disclose them to any third party.
(c) Sonos shall have no obligation to provide any updates or upgrades to the Product, but in the
event that it does, such updates, upgrades and any documentation shall be deemed the “Product”, and shall be
subject to the terms and conditions of this Agreement.
2. TERM OF AGREEMENT
(a) You may terminate this Agreement at any time by notifying Sonos, discontinuing use of the
Product and purging the Software from Your computing device.
(b) This Agreement will automatically terminate if You violate Section 1 and/or 3 of this Agreement.
(c) Sections 1(b), 2(c), 3, 4(c), 5 and 7 shall survive termination or expiration for any reason.
3. COMPLIANCE WITH COPYRIGHT LAWS
Sonos complies with U.S. and international copyright laws and in consideration of the licenses granted herein,
You agree to do the same. You acknowledge that unauthorized copying or distribution of music or other content
accessed using the Product (“Content”) is prohibited by such copyright laws, and You agree that You will not,
directly or indirectly, copy or distribute any Content without the express written authorization of the copyright
holder. Further, You agree to compensate Sonos and its licensors for all losses, damages, liabilities, costs and
expenses incurred by Sonos or its licensors as a result of claims or actions brought against Sonos or its licensors
arising out of or related to Your failure to comply with the terms of this Section 3.
4. WARRANTY AND DISCLAIMER
(a) Limited Warranty. Sonos warrants to You that, for a period of one (1) year 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 4(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 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 4(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
one (1) year period set forth in the limited warranty given under subsection (a) above.
5. 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 5 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 5 shall not apply to damage resulting from willful misconduct or
gross negligence on the part of Sonos. The limitations of section 5 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 5 shall only apply to the extent permitted by mandatory rules
regarding product liability.
(e) The limitations in this section 5 shall not affect your statutory rights as a consumer.
6. 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 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 6 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.
7. MISCELLANEOUS
You acknowledge that the Product may be subject to the export control law and regulations of the jurisdiction in
which You purchased the Product and you warrant that You will comply in all respects with such laws and
regulations. This Agreement shall be governed by the laws of the Netherlands, without reference to its conflict of
law principles, The United Nations Convention on contracts for the International sale of goods is not applicable
to this Agreement. 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
according to its terms. You may not assign this Agreement, or any of its rights or obligations hereunder, whether
by operation of law or otherwise, without the prior written consent of Sonos, which consent shall not, if You are a
consumer, be unreasonably refused. Any attempted assignment by You without prior written consent shall be
void.
For inquiries or questions regarding this Agreement, please send an e-mail to [e-mail].
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