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
USE OR INABILITY 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 5. Miscellaneous
5.1 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.
5.2 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.
5.3 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.
5.4 Applicable Law.
Unless explicitly prohibited by local law, this Warranty is governed by the laws of the State of
Washington, U.S.A. for the Customers residing within the United States; and by the laws of the Republic of China (Taiwan)
for Customers not residing within the United States, 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.
5.5 Dispute Resolution.
Any dispute, controversy or claim arising out of or relating to 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 5.5. 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.
5.6 Attorneys' Fees.
In any arbitration, mediation, or other legal action or proceeding to enforce rights or remedies under
