modification or other alteration of theSoftwareby
anyoneotherthanSynology;(y)combinationofthe
Softwarewithanyproduct, servicesorother items
providedbyanyoneotherthanSynology;or(z)your
failuretocomplywiththisEULA.
Section 10. Support.
Duringtheperiodspecied
inthe Section 9, Synology will make available to
youthesupportservices.Followingtheexpirationof
theapplicableperiod,support forSoftwaremaybe
availablefromSynologyuponwrittenrequest.
Section 11. Disclaimer of Warranties.
EXCEPT
AS EXPRESS LY SET FORTH A BOV E, THE
SOFTWARE IS PROVIDED "AS IS"AND WITH
ALL FAULTS. SYNOLOGYAND ITS SUPPLIERS
HEREBYDISCLAIMALLOTHER WARRANTIES,
EXPRESS,IMPLIED OR STATUTORY,ARISING
BY LAW OR OTHERWISE, INCLUDING BUT
NOTLIMITED TOANY IMPLIED WARRANTIES
O F M E R C H A N TA B I L I T Y, F I T N E S S F O R A
PARTICULAR PURPOSE OR USE, TITLEAND
N O N I N F R I N G E M E N T, W I T H R E G A R D T O
THE SOFTWARE. WITHOUT LIMITING THE
FOREGOING,SYNOLOGYDOESNOTWARRANT
THATTHESOFTWAREWILLBEFREEOFBUGS,
ERRORS,VIRUSESOROTHERDEFECTS.
Section 12. Disclaimer of Certain Damages.
IN
NO EVENT WILL SYNOLOGY OR ITS LICENSORS
BE LIABLE FORANY INCIDENTAL, INDIRECT,
S P E C I A L , P U N I T I V E , C O N S E Q U E N T I A L
O R SI M I L A R D A M A G E S O R L I A B I L I T I E S
WHATSOEVER(INCLUDING, BUTNOTLIMITED
TO LOSSOF DATA, INFORMATION, REVENUE,
PROFIT OR BUSINESS)ARISING OUT OF OR
RELATING TO THE USE OF OR I NABILITY
TO USE THE SOFTWARE OR O THERWISE
UNDERORIN CONNECTIONWITHTHIS EULA
OR THE SOFTWARE, WHETHER BASED ON
CONTRACT,TORT(INCLUDINGNEGLIGENCE),
STRICT LIABILITY OR OTHERTHEORY EVEN
IF SYNOLOGY HAS BEEN ADVISED OF THE
POSSIBILITYOFSUCHDAMAGES.
Section 13. Limitation of Liability.
SYNOLOGY'S
ANDITSSUPPLIERS'LIABILITYARISINGOUTOF
ORRELATINGTOTHEUSEOFORINABILITYTO
USETHESOFTWAREOR OTHERWISE UNDER
OR IN CONNECTION WITH THIS EULA OR
THE SOFTWAREIS LIMITEDTOTHEAMOUNT
ACTUALLY PAID BY YOU FORTHE PRODUCT
REGARDLESSOFTHEAMOUNTOF DAMAGES
YOU MAY INCURAND WHETHER BASED ON
CONTRACT,TORT(INCLUDINGNEGLIGENCE),
STRICT LIABILITY OR OTHERTHEORY. The
foregoing disclaimer of warranties,disclaimer of
certaindamagesandlimitationofliabilitywillapply
tothemaximumextentpermittedbyapplicablelaw.
The lawsof somestates/jurisdictions do notallow
theexclusionofimpliedwarrantiesortheexclusion
orlimitation ofcertain damages.To the extent that
those laws apply to this EULA, the exclusionsand
limitationssetforthabovemaynotapplytoyou.
S e c t i o n 1 4 . Ex p o r t R e s t r i c t i o n s .
Yo u
acknowledge that the Software is subject to U.S.
export restrictions. You agreeto comply with all
applicable laws and regulations that apply to the
Software, including without limitation theU.S.
ExportAdministrationRegulations.
Section 15. Termination.
Without prejudice to
anyotherrights,SynologymayterminatethisEULA
if you do not abide by the terms and conditions
contained herein. In such event,you mustcease
use of the Software and destroy all copies of the
Softwareandallofitscomponentparts.
Section 16. Assignment.
Youmaynottransfer
or assign yourrightsunderthis EULA to anythird
party, except for that pre-installed in the Products.
Anysuchtransferorassignmentinviolationofthe
foregoing restriction will be void.
Section 17. Applicable Law.
Unless expressly
prohibited by locallaw, this EULAis governed by
and construed in accordance with the laws of the
Republic of China (R.O.C. or Taiwan) without regard
toanyconictoflawprinciplestothecontrary.
Section 18. Dispute Resolution.
Any dispute,
controversyorclaimarisingoutoforrelatingtothis
EULAwill be resolved exclusively and finally by
arbitration conducted by three neutral arbitrators
in accordance with the procedures of the R.O.C.
Arbitration Law and related enforcement rules..
In such cases, the arbitration will be limited
solely to the dispute between you and Synology.
The arbitration, or any portion of it, will not be
consolidated with any other arbitration and will
not be conducted on a class-wide or class action
basis. The arbitration shall take place in Taipei,
Taiwan, R.O.C., and the arbitration proceedings
shall be conducted in English or, if both parties so
agree, in Mandarin Chinese. The arbitration award
shall be finalandbinding onthe partiesandmay
be enforced in any court having jurisdiction. You
understand that, in the absence of this provision,
you would have had a right to litigate any such
dispute,controversy orclaim in a court, including
therighttolitigateclaimsonaclass-wideorclass-
action basis, and you expressly and knowingly
waives those rights and agrees to resolve any
disputes through binding arbitration in accordance
with the provisions of this Section 18. Nothing in
this Section shallbedeemedtoprohibitorrestrict
Synologyfromseeking injunctiverelief orseeking
suchother rights andremedies as itmayhaveat
law or equity for any actual or threatened breach
ofanyprovisionofthisEULArelatingtoSynology's
intellectual property rights.
Section 19. Attorneys' Fees.
In any arbitration,
mediation,or other legal action orproceeding to
enforce rights or remedies under this EULA, the
prevailing party will be entitled to recover, in addition
toanyotherrelieftowhichitmaybeentitled,costs
and reasonable attorneys' fees.
Section 20. Severability.
If any provision of this
EULAisheldbyacourtofcompetentjurisdictionto
beinvalid,illegal,orunenforceable,theremainder
ofthisEULAwillremaininfullforceandeffect.
Section 21. Entire Agreement.
This EULA
sets forth the entire agreement ofSynology and
you with respect to the Software and the subject
matter hereof a nd supersedes all p rior and
Comments to this Manuals