purposes.
Section 6. Open Source. The Software may contain components licensed to Synology under the GNU General Public License (“GPL Components”), currently available at
http://www.gnu.org/licenses/gpl.html. The terms of the GPL will control solely with respect to the GPL Components to the extent that this EULA conflicts with the requirements of
the GPL with respect to your use of the GPL Components, and, in such event, you agree to be bound by the GPL with respect to your use of such components.
Section 7. Audit. Synology will have the right to audit your compliance with the terms of this EULA. You agree to grant Synology a right to access to your facilities, equipment, books,
records, and documents and to otherwise reasonably cooperate with Synology in order to facilitate any such audit by Synology or its agent authorized by Synology.
Section 8. Ownership. The Software is a valuable property of Synology and its licensors, protected by copyright and other
intellectual property laws and treaties. Synology or its licensors own all rights, titles and interests in and to the Software,
including but not limited to copyright and any other intellectual property rights.
Section 9. Limited Warranty. Synology provides a limited warrant that the Software will substantially conform to Synology’s published specifications for the Software if any, or
otherwise set forth on the Website, for a period required by your local law. Synology will use commercially reasonable efforts to, in Synology’s sole discretion, either correct any such
nonconformity in the Software or replace any Software that fails to comply with the foregoing warranty provided that you give Synology written notice of such noncompliance within
the warranty period. The foregoing warranty does not apply to any non-compliance resulting from any: (w) use, reproduction, distribution or disclosure not in accordance with this
EULA; (x) any customization, modification or other alteration of the Software by anyone other than Synology; (y) combination of the Software with any product, services or other items
provided by anyone other than Synology; or (z) your failure to comply with this EULA.
Section 10. Support. During the period specified in Section 9, Synology will make available to you the support services. Following the expiration of the applicable period, support for
Software may be available from Synology upon written
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 NON-INFRINGEMENT, 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 NUMBER 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 preinstalled 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 country, in accordance with which
Synology Inc. was organized without regard to any conflict 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 Arbitration Law and related enforcement rules of the country in which Synology Inc. was organized. 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 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 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 class-wide or class-action basis, and you
expressly and knowingly waive those rights and agree 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 injunctiverelief or seeking such oth er 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 effect.
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.
SYNOLOGY, INC.LIMITED PRODUCT WARRANTY
THIS LIMITED WARRANTY (“WARRANTY”) APPLIES TO THE PRODUCTS (AS DEFINED BELOW) OF SYNOLOGY, INC. AND ITS AFFILIATES, INCLUDING SYNOLOGY
AMERICA CORP, (COLLECTIVELY, “SYNOLOGY”). YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS WARRANTY BY OPENING THE PACKAGE
CONTAINING AND/OR USING THE PRODUCT. PLEASE BE ADVISED THAT THIS LIMITED WARRANTY DOES NOT APPLY TO THE SOFTWARE INED IN THE PRODUCTS
WHICH SHALL BE SUBJECT TO ITS END-USER LICENSE AGREEMENT AND THAT SYNOLOGY RESERVES THE RIGHT TO MAKE ADJUSTMENTS AND/OR
MODIFICATIONS TO THIS PRODUCT WARRANTY FROM TIME TO TIME WITHOUT PROVIDING PRIOR NOTICE TO YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS
WARRANTY, DO NOT USE THE PRODUCT. INSTEAD, YOU MAY RETURN THE PRODUCT TO THE RESELLER WHERE YOU PURCHASED IT FOR A REFUND IN
ACCORDANCE WITH THE RESELLER’S APPLICABLE RETURN POLICY. PLEASE NOTE THAT SYNOLOGY’S WARRANTY SUPPORTS ARE NOT AVAILABLE IN EVERY
COUNTRY AND THAT SYNOLOGY MAY REFUSE TO PROVIDE THESE LIMITED WARRANTY SUPPORTS TO YOU IF YOU REQUEST SUCH SUPPORTS NOT AT THE
COUNTRY AT WHICH THE PRODUCT WAS ORIGINALLY PURCHASED. THE THE COUNTRY AT WHICH THE PRODUCT WAS ORIGINALLY PURCHASED SHALL BE
DETERMINED BASED ON THE SYNOLOGY’S INTERNAL RECORDS.
Section 1. Products
(a) “Products” refer to New Products or Refurbished Products.(b) “New Product” means the Synology-branded hardware product and Synology-branded accessories contained in the
original packaging Customer bought from an authorized Synology distributor or reseller. You may see our “New Product” at https://www.synology.com/products/status.(c)
“Refurbished Product” means all Synology products which have been refurbished by Synology’s affiliate or an authorized Synology distributor or reseller, not including those sold as
“as is” or with “no warranty” by anyone.(d) Other definition: “Customer” means the original
person or entity purchasing the Product from Synology or an authorized Synology distributor or reseller; “Online Store” means an online shop operated by Synology or Synology’s
affiliate; “Software” means the Synology proprietary software that accompanies the Product when purchased by Customer, is downloaded by Customer from the Web Site, or is pre-
installed on the Product by Synology, and includes any firmware, associated media, images, animations, video, audio, text and applets incorporated into the software or Product and
any updates or upgrades to such software.
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