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("RMA") number by Synology before shipment and must be returned in accordance with Synology's then current RMA
procedures. Customer may contact any authorized Synology distributor or reseller or Synology Support to obtain
assistance in obtaining an RMA, and must provide proof of purchase and product serial number when asking for such
assistance. For warranty claims, Customer must return the complete Product to Synology in accordance with this Section
3.3 to be eligible for coverage under this Warranty. Any Product returned without an RMA number, or any Product that has
been disassembled (except under the direction of Synology) will be refused and returned to Customer at Customer's
expense. Any Product that has been assigned a RMA number must be returned in the same condition as it was received
from Synology to the address designated by Synology, freight pre-paid, in packaging sufficient to protect the contents
thereof and with the RMA number prominently displayed on the outside of the box. Customer is responsible for insurance
and risk of loss with respect to returned items until they are properly received by Synology. A Product with a RMA number
must be returned within fifteen (15) days after issuance of the applicable RMA number.
3.4 Replacement by Synology. If Synology elects to replace any Product under this Warranty set forth in Section 3.1, then
Synology will ship a replacement Product at Synology's expense via the shipping method selected by Synology after
receipt of the nonconforming Product returned in accordance with Section 3.3 and validation by Synology that the Product
does not conform to the warranty. In some countries, Synology may at its own discretion apply the Synology Replacement
Service to certain Products, through which Synology will ship a replacement Product to Customer before its receipt of the
nonconforming Product returned by Customer ("Synology Replacement Service").
3.5 Support. During the Warranty Period, Synology will make available to Customer the support services. Following the
expiration of the applicable Warranty Period, support for Products may be available from Synology upon written request.
3.6 Exclusions. The foregoing warranties and warranty obligations do not apply to any Product that (a) has been installed
or used in a manner not specified or described in the Product specifications; (b) has been repaired, modified or altered by
anyone other than Synology or its agent or designee; (c) has been in any way misused, abused, or damaged; (d) has been
used with items not provided by Synology other than the hardware or software for which the Product is designed; or (e)
otherwise fails to conform to the Product specifications and such failure is attributable to causes not within or under
Synology's control. Further, the foregoing warranties will be void if (1) Customer disassembles the Product except as
authorized by Synology; (2) Customer fails to implement any correction, modification, enhancement, improvement or other
update made available to Customer by Synology; or (3) Customer implements, installs or uses any correction, modification,
enhancement, improvement or other update made available by any third party. The warranty set forth in Section 3 will
terminate upon Customer's sale or transfer of the Product to a third party.
3.7 Disclaimer of Warranties. THE WARRANTIES, OBLIGATIONS, AND LIABILITIES OF SYNOLOGY AND THE
REMEDIES OF CUSTOMER SET FORTH IN THIS WARRANTY ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND
CUSTOMER HEREBY WAIVES, RELEASES AND DISCLAIMS, ALL OTHER WARRANTIES, OBLIGATIONS AND
LIABILITIES OF SYNOLOGY AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST
SYNOLOGY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PRODUCT,
ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES DELIVERED UNDER
THIS WARRANTY, INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR USE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF
PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (C) CLAIM OF INFRINGEMENT OR
MISAPPROPRIATION; OR (D) CLAIM IN TORT (WHETHER BASED ON NEGLIGENCE, STRICT LIABILITY, PRODUCT
LIABILITY OR OTHER THEORY). SYNOLOGY MAKES NO GUARANTEE AND SPECIFICALLY DISCLAIMS ANY
WARRANTY THAT THE DATA OR INFORMATION STORED ON ANY SYNOLOGY PRODUCT WILL BE SECURE AND
WITHOUT RISK OF DATA LOSS. SYNOLOGY RECOMMENDS THAT CUSTOMER TAKES APPROPRIATE MEASURES
TO BACK UP THE DATA STORED ON THE PRODUCT. SOME STATES/JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.
Section 4. Limitations of Liability
4.1 Force Majeure. Synology will not be liable for, or be considered to be in breach of or default under this Warranty on
account of, any delay or failure to perform as required by this Warranty as a result of any cause or condition beyond its
reasonable control (including, without limitation, any act or failure to act by Customer).
4.2 Disclaimer of Certain Damages. IN NO EVENT WILL SYNOLOGY OR ITS SUPPLIERS BE LIABLE FOR THE COST
OF COVER OR 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 OR INABILITY TO USE THE PRODUCT, ANY
ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES PROVIDED UNDER
THIS WARRANTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHER THEORY EVEN IF SYNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 Limitation of Liability. SYNOLOGY'S AND ITS SUPPLIERS' LIABILITY ARISING OUT OF OR RELATING TO THE
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