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
Attorneys' Fees.
In any arbitration, 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 to be invalid, illegal, or
unenforceable, the remainder of this Warranty will remain in
full force and effect.
4.9
Entire Agreement.
This Warranty constitutes the entire
agreement, and supersedes any and all prior agreements,
between Synology and Customer related to the subject matter
hereof. No amendment, modification or waiver of any of the
provisions of this Warranty will be valid unless set forth in a
written instrument signed by the party to be bound thereby.
