Synology DX513 User Manual page 18

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 the 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 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
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, TITLE AND
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, 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,
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 S I 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, 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 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 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 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
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 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