Synology DX513 User Manual page 22

TO USE THE PRODUCT, ANY ACCOMPANYING
DOCUMENTATION OR SOFTWARE AND ANY
OTHER GOODS OR SERVICES PROVIDED
UNDER THIS WARRANTY IS LIMITED TO THE
AMOUNT ACTUALLY PAID BY CUSTOMER
FOR THE PRODUCT REGARDLESS OF THE
AMOUNT OF DAMAGES CUSTOMER MAY INCUR
AND WHETHER BASED ON CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHER THEORY. The foregoing 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
exclusion or limitation of certain damages. To the
extent that those laws apply to the Product, the
exclusions and limitations set forth above may not
apply to Customer.
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 the Product, any accompanying Software or
documentation and any other goods provided under
this Warranty is transferred to Customer under this
Warranty. Customer will (a) comply with the terms
and conditions of the Synology end user license
agreement accompanying any Software furnished
by Synology or an authorized Synology distributor
or reseller; and (b) not attempt to reverse engineer
any Product or component thereof or accompanying
Software or otherwise misappropriate, circumvent or
violate any of Synology's intellectual property rights.
4.2 Assignment. Customer will not assign any
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,
any term, condition or other provision that conflicts
with the provisions of this Warranty that is made
by the other party in any purchase order, receipt,
acceptance, confirmation, correspondence or
otherwise, unless each party specifically agrees to
such provision in writing. Further, if this Warranty
conflicts with any terms or conditions of any other
agreement entered into by the parties with respect
to the Product, this Warranty will prevail unless the
other agreement specifically references the sections
of this Warranty that it supersedes.
4.4 A p p l i c a b l e L a w.
prohibited by local law, this Warranty is governed
by the laws of the State of Washington, U.S.A.
without regard to any conflict of law principles to the
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 R e s o l u t i o n .
controversy or claim arising out of or relating to
U n l e s s e x p r e s s l y
A n y d i s p u t e ,
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
current commercial rules of the American Arbitration
Association, except as otherwise provided below.
The arbitration will be conducted before a single
arbitrator, and will be limited solely to the dispute
between Customer 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 be held in King County, Washington, U.S.A.
by submission of documents, by telephone, online
or in person as determined by the arbitrator at the
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
may be entered thereon in any court of competent
jurisdiction. Customer understands that, in the
absence of this provision, Customer 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 Customer
expressly and knowingly waives those rights and
agrees to resolve any disputes through binding
arbitration in accordance with the provisions of this
Section 4.5. For Customers not residing within the
United States, any dispute, controversy or claim
described in this section shall be finally resolved by
arbitration conducted by three neutral arbitrators
in accordance with the procedures of the R.O.C.
Arbitration Law and related enforcement rules. 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. 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 Warranty relating to Synology's intellectual
property rights.
4.6 A t t o r n e y s ' F e e s . I n a n y a r b i t r a t i o n ,
mediation, or other legal action or proceeding to
enforce rights or remedies under this Warranty, 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.
4.7 Export Restrictions. You acknowledge
that the Product may be subject to U.S. export
restrictions. You will comply with all applicable laws
and regulations that apply to the Product, including
without limitation the U.S. Export Administration
Regulations.
4.8 Severability. If any provision of this
Warranty is held by a court of competent jurisdiction