OTHER GOODS OR SERVICES PROVIDED
UNDER THIS WARRANTY IS LIMITED TO THE
AMO UNT A CTUALLY PA ID BY CUS TOM ER
FORTHE PRODUCT REGARDLESS OF THE
AMOUNTOFDAMAGESCUSTOMERMAYINCUR
AND WHETHER BASED ON CONTRACT,TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY
OROTHERTHEORY.Theforegoingdisclaimerof
certaindamagesandlimitationofliabilitywillapply
tothemaximumextentpermittedbyapplicablelaw.
The lawsof somestates/jurisdictions do notallow
exclusion or limitation of certain damages. Tothe
extent that those laws apply to the Product, the
exclusions and limitationssetforthabove maynot
applytoCustomer.
Section 4. Miscellaneous
4.1 Proprietary Rights.
The Product and
any accompanying Software and documentation
provided with the Product include proprietary and
intellectual property rights of Synology and its third
party suppliers and licensors. Synology retains and
reserves all right, title, and interest in the intellectual
property rights of the Product, and no title to or
ownership of any intellectual property rights in or
to theProduct, any accompanying Software or
documentationandanyothergoodsprovidedunder
thisWarrantyistransferredto Customerunderthis
Warranty.Customerwill(a) complywiththeterms
and conditions of the Synology end user license
agreementaccompanyinganySoftware furnished
by Synology or an authorized Synology distributor
orreseller;and(b)notattempttoreverseengineer
anyProductorcomponentthereoforaccompanying
Softwareorotherwisemisappropriate,circumventor
violate any of Synology's intellectual property rights.
4.2 Assignment.
Customerwillnot assignany
of its rights under this Warranty directly, by operation
of law or otherwise, without the prior written consent
of Synology.
4.3 No Additional Terms.
Except as expressly
permitted by this Warranty, neither party will be
bound by, and each party specifically objects to,
anyterm,conditionorother provision thatconicts
with the provisions of this Warranty thatismade
by the other party in any purchase order, receipt,
acceptance, confirmation, correspondence or
otherwise,unless each party specically agreesto
suchprovision in writing.Further, if thisWarranty
conicts withany termsor conditionsof anyother
agreement entered into bythepartieswithrespect
to the Product, this Warranty will prevail unless the
otheragreementspecicallyreferencesthesections
of this Warranty that it supersedes.
4.4 A p p l i c a b l e Law.
U n l e s s e x p r e s s l y
prohibited by local law, this Warranty is governed
by the laws of the State of Washington, U.S.A.
withoutregardtoanyconictoflawprinciplestothe
contrary. The 1980 U.N. Convention on Contracts
for the International Sale of Goods or any successor
thereto does not apply.
4.5 D i s p u t e Res o l u t i o n .
A n y d i s p u t e ,
controversyor claim arising out of or relating to
this Warranty, the Product or services provided
by Synology with respect to the Product or the
relationship between Customers residing within
the United States and Synology will be resolved
exclusively and finally by arbitration under the
currentcommercialrulesoftheAmericanArbitration
Association,except asotherwise provided below.
The arbitration will be conducted before a single
arbitrator,and will be limited solely tothedispute
betweenCustomer and Synology. Thearbitration,
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
shallbe held inKing County,Washington, U.S.A.
bysubmission of documents,bytelephone, online
orinpersonasdeterminedbythearbitratoratthe
request of the parties. The prevailing party in any
arbitration or legal action occurring within the United
States or otherwise shall receive all costs and
reasonable attorneys’ fees, including any arbitration
fee paid by the prevailing party. Any decision
rendered in such arbitration proceedings will be
final and binding on the parties, and judgment
maybeenteredthereoninanycourtofcompetent
jurisdiction. Customerunderstands that,in the
absenceofthisprovision,Customerwouldhavehad
a right to litigate any such dispute, controversy or
claiminacourt,includingtherighttolitigateclaims
onaclass-wideorclass-actionbasis,andCustomer
expressly and knowingly waives those rights and
agrees to resolve any disputes through binding
arbitration in accordance with the provisions of this
Section4.5.ForCustomersnotresidingwithinthe
UnitedStates, any dispute, controversyor claim
describedinthissectionshallbenallyresolvedby
arbitration conducted by three neutral arbitrators
in accordance with the procedures of the R.O.C.
ArbitrationLawandrelatedenforcementrules.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 final and
bindingonthe partiesandmaybe enforcedinany
court having jurisdiction. Nothing in this Section
shall be deemed to prohibit or restrict Synology
fromseekinginjunctiverelieforseekingsuchother
rightsandremediesasitmayhaveatlaworequity
for any actual or threatened breach of any provision
of this Warranty relating to Synology's intellectual
property rights.
4.6 Attorne y s ' Fees.
In a n y arbitrat i o n ,
mediation,or other legal action orproceeding to
enforcerightsorremediesunderthisWarranty,the
prevailing party will be entitled to recover, in addition
toanyotherrelieftowhichitmaybeentitled,costs
and reasonable attorneys' fees.
4.7 Export Restrictions.
You acknowledge
that the Product may be subject to U.S. export
restrictions.Youwillcomplywithallapplicablelaws
and regulations that apply to the Product, including
without limitation the U.S. ExportAdministration
Regulations.
4.8 Sever abili ty.
If any provi sion o f this
Warrantyisheldbyacourtofcompetentjurisdiction
tobeinvalid,illegal,orunenforceable,theremainder
ofthisWarrantywillremaininfullforceandeffect.
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