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a RMA number must be returned within fifteen (15)
days after issuance of the applicable RMA number.
2.5
Replacement by Synology. If Synology
elects to replace any Product under this Warranty
set forth in Section 2.1, 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 2.4 and validation by
Synology that the Product does not conform to
the warranty. Replacement Product will be new
or serviceably used, comparable in function and
performance to the original Product and warranted
for the remainder of the original Warranty Period
or thirty (30) days after it is shipped to Customer,
whichever period is longer Any Product found by
Synology to be non-defective will be returned to
Customer.
2.6
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.
2.7
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 2.1 will terminate
upon Customer's sale or transfer of the Product to a
third party.
2.8
D i s c l a i m e r o f W a r r a n t i e s .
WARRANTIES, OBLIGATIONS, AND LIABILITIES
O F S Y N O L O G Y A N D T H E R E M E D I E S O F
CUSTOMER SET FORTH IN THIS WARRANTY
A R E E X C L U S I V E A N D I N S U B S T I T U T I O N
F O R , A N D C U S TO M E R H E R E B Y WA I V E S ,
R E L E A S E S A N D D I S C L A I M S , A L L O T H E R
WARRANTIES, OBLIGATIONS AND LIABILITIES
OF SYNOLOGY AND ALL OTHER RIGHTS,
C L A I M S A N D R E M E D I E S O F C U S TO M E R
AGAINST SYNOLOGY, EXPRESS OR IMPLIED,
A R I S I N G B Y L AW O R O T H E RW I S E , W I T H
RESPECT TO THE PRODUCT, ACCOMPANYING
DOCUMENTATION OR SOFTWARE AND ANY
OTHER GOODS OR SERVICES DELIVERED
U N D E R T H I S W A R R A N T Y, I N C L U D I N G ,
BU T N O T LIM ITED TO ANY: (A) IMPL IE D
W A R R A N T Y O F M E R C H A N TA B I L I T Y O R
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
T H AT C U S TO M E R TA K E S A P P R O P R I AT E
MEASURES TO BACK UP THE DATA STORED ON
THE PRODUCT. SOME STATES DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES, SO
THE ABOVE LIMITATION MAY NOT APPLY TO
CUSTOMER.
Section 3. Limitations of Liability
3.1
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).
3.2
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.
3.3
Limitation of Liability. SYNOLOGY'S
AND ITS SUPPLIERS' LIABILITY ARISING OUT
OF OR RELATING TO THE USE OR INABILITY
T H E
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.
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