the support services. Following the expiration of the
applicable period, support for Software may be available
from Synology upon written request.
Section 11. Disclaimer of Warranties.
EXCEPT AS
EXPRESSLY SET FORTH ABOVE, THE SOFTWARE
IS PROVIDED "AS IS" AND WITH ALL FAULTS.
SYNOLOGY AND ITS SUPPLIERS HEREBY DISCLAIM
ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, ARISING BY LAW OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR USE, TITLE
AND NONINFRINGEMENT, WITH REGARD TO THE
SOFTWARE. WITHOUT LIMITING THE FOREGOING,
SYNOLOGY DOES NOT WARRANT THAT THE
SOFTWARE WILL BE FREE OF BUGS, ERRORS,
VIRUSES OR OTHER DEFECTS.
Section 12. Disclaimer of Certain Damages.
IN NO
EVENT WILL SYNOLOGY OR ITS LICENSORS BE
LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES
OR LIABILITIES WHATSOEVER (INCLUDING, BUT
NOT LIMITED TO LOSS OF DATA, INFORMATION,
REVENUE, PROFIT OR BUSINESS) ARISING OUT
OF OR RELATING TO THE USE OF OR INABILITY
TO USE THE SOFTWARE OR OTHERWISE UNDER
OR IN CONNECTION WITH THIS EULA OR THE
SOFTWARE, WHETHER BASED ON CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHER THEORY EVEN IF SYNOLOGY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 13. Limitation of Liability.
SYNOLOGY'S
AND ITS SUPPLIERS' LIABILITY ARISING OUT OF
OR RELATING TO THE USE OF OR INABILITY TO
USE THE SOFTWARE OR OTHERWISE UNDER
OR IN CONNECTION WITH THIS EULA OR THE
SOFTWARE IS LIMITED TO THE AMOUNT ACTUALLY
PAID BY YOU FOR THE PRODUCT REGARDLESS
OF THE AMOUNT OF DAMAGES YOU MAY INCUR
AND WHETHER BASED ON CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHER THEORY. The foregoing disclaimer of
warranties, disclaimer of certain damages and limitation
of liability will apply to the maximum extent permitted
by applicable law. The laws of some states/jurisdictions
do not allow the exclusion of implied warranties or the
exclusion or limitation of certain damages. To the extent
that those laws apply to this EULA, the exclusions and
limitations set forth above may not apply to you.
Section 14. Export Restrictions.
You acknowledge
that the Software is subject to U.S. export restrictions.
You agree to comply with all applicable laws and
regulations that apply to the Software, including without
limitation the U.S. Export Administration Regulations.
Section 15. Termination.
Without prejudice to any
other rights, Synology may terminate this EULA if you do
not abide by the terms and conditions contained herein.
In such event, you must cease use of the Software
and destroy all copies of the Software and all of its
component parts.
Section 16. Assignment.
You may not transfer or
assign your rights under this EULA to any third party,
except for that pre-installed in the Products. Any such
transfer or assignment in violation of the foregoing
restriction will be void.
Section 17. Applicable Law.
Unless expressly
prohibited by local law, this EULA is governed by and
construed in accordance with the laws of the Republic of
China (R.O.C. or Taiwan) without regard to any conict
of law principles to the contrary.
Section 18. Dispute Resolution.
Any dispute,
controversy or claim arising out of or relating to this
EULA will 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 nal
and binding on the parties and may 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 or claim in a
court, including the right to litigate claims on a classwide or class-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
shall be deemed to prohibit or restrict Synology from
seeking injunctive relief or seeking such other rights and
remedies as it may have at law or equity for any actual
or threatened breach of any provision of this EULA
relating to Synology's intellectual property rights.
Section 19. Attorneys' Fees.
In any arbitration,
mediation, or other legal action or proceeding to enforce
rights or remedies under this EULA, the prevailing party
will be entitled to recover, in addition to any other relief to
which it may be entitled, costs and reasonable attorneys'
fees.
Section 20. Severability.
If any provision of this EULA
is held by a court of competent jurisdiction to be invalid,
illegal, or unenforceable, the remainder of this EULA will
remain in full force and eect.
Section 21. Entire Agreement.
This EULA sets
forth the entire agreement of Synology and you with
respect to the Software and the subject matter hereof
and supersedes all prior and contemporaneous
understandings and agreements whether written or
oral. No amendment, modification or waiver of any of
the provisions of this EULA will be valid unless set forth
in a written instrument signed by the party to be bound
thereby.