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 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. U.S. Government License Rights.
All
Software provided to the U.S. Government is provided with
the commercial license rights and restrictions described in
this EULA. By installing, copying or using the Software, the
U.S. Government agrees that the Software is "commercial
computer software" or "commercial computer software
documentation" within the meaning of FAR Part 12.
Section 16. 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 17. Assignment.
You may not transfer or assign
your rights under this EULA to any third party. Any such
transfer or assignment in violation of the foregoing restriction
will be void.
Section 18. Applicable Law.
Unless expressly prohibited
by local law, this EULA 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.
Section 19. Dispute Resolution.
Any dispute, controversy
or claim arising out of or relating to this Warranty, the
Software or services provided by Synology with respect to
the Software or the relationship between you and Synology
will be resolved exclusively and finally by arbitration under
the current commercial rules of the American Arbitration
Association if you reside in the United States, except as
otherwise provided below. In such cases, the arbitration will
be conducted before a single arbitrator, and 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 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. 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 19. If you do not reside 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 EULA relating to
Synology's intellectual property rights.
Section 20. 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 21. 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 22. 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 contemporaneous understandings and agreements
whether written or oral. No amendment, modification or
waiver of any of the provisions of this EULA will be valid
unless set forth in a written instrument signed by the party to
be bound thereby.
