Seagate NAS HDD and NAS +SRS HDD Product Manual, Rev. E
18
Drive Specifications
HOWEVER CAUSED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION SHALL APPLY
TO ANY AND ALL DAMAGES, REGARDLESS OF THE LEGAL THEORY ON WHICH THEY ARE ASSERTED (INCLUDING,
WITHOUT LIMITATION, CONTRACT, BREACH OF CONTRACT, AND TORT), AND REGARDLESS OF WHETHER WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES - UNLESS YOU PROVE THAT SRS CAUSED DAMAGES TO
YOU INTENTIONALLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AMOUNT OF OUR
LIABILITY WILL NOT EXCEED THE TOTAL PRICE YOU ACTUALLY PAY FOR THE DEVICE, THE ESSENTIAL PURPOSE OF
WHICH IS TO LIMIT OUR LIABILITY ARISING FROM OR RELATED TO THE PROGRAM AND ANY DATA RECOVERY
SERVICES. THIS ALLOCATION OF RISK IS REFLECTED IN THE PRICE CHARGED FOR THIS PROGRAM OR SERVICES, IF
ANY. YOU ACKNOWLEDGE THAT THE PRICE OF THIS PROGRAM WOULD BE MUCH GREATER IF WE UNDERTOOK
MORE EXTENSIVE LIABILITY. THIS PARAGRAPH WILL APPLY NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE
TERMS, OR THE FAILURE OF ANY REMEDY.
Compliance with Laws.
You agree to comply with all such laws and regulations and all other applicable laws, statutes, ordinances and regulations
relating to the Program. You acknowledge that violations of these Program Terms could subject you to criminal or civil
penalties. The goods licensed or provided, or services provided, through the Program, which may include technology and
software, are subject to the customs and export control laws and regulations of the U.S. and may also be subject to the
customs and export laws and regulations of the country in which the products are manufactured or received. Further,
under U.S. law, such goods may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted
end-user or an end-user engaged in activities related to weapons of mass destruction including, without limitation,
activities related to designing, developing, producing or using nuclear weapons, materials, or facilities, missiles or
supporting missile projects, or chemical or biological weapons. You acknowledge you are not a restricted end-user or
involved in any of the restricted activities above, and that you will comply with and abide by these laws and regulations.
Seagate reserves the right to refuse service to or the return of any storage devices that have been determined to violate
these regulations.
Assignment.
You may not assign your rights or obligations under these Program Terms without SRS’ express written consent.
Dispute Resolution.
The parties will attempt to resolve any dispute arising out of or related to these Program Terms or any data recovery
services requested or attempted hereunder through good faith negotiation. To the extent permitted by applicable law, if
the parties are unable to resolve the dispute through good faith negotiation, then the dispute will be submitted to final
and binding arbitration with the Judicial Arbitration and Mediation Services. Each party will bear its own costs in
arbitration, provided that Seagate reserves the right, in its discretion, to pre-pay certain fees you may incur in connection
with the arbitration subject to refund if you do not prevail. Both parties waive their rights to a jury trial. All proceedings will
take place in Santa Clara County, California, USA. The laws of the State of California will exclusively govern these Program
Terms and our provision of any data recovery services, without regard to California's conflicts of laws rules. You consent to
the exclusive jurisdiction of the courts located in Santa Clara County, California, USA.
Severability.
If any provision of these Program Terms is held invalid, illegal or unenforceable, such provision shall be enforced to the
fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not
be affected thereby.
Legal Effect.
These Program Terms describe certain legal rights. You may have other rights under applicable law. These Program Terms
do not change your rights under applicable law if such laws do not permit these Program Terms to do so. Also, the
Program and these Program Terms are in addition and unrelated to any rights you may have under a Seagate warranty
statement.
SRS Companies.
The following SRS companies may provide the services described in these Program Terms:
(a) Seagate Technology LLC, with offices at 10321 W Reno Oklahoma City, Oklahoma 73127;
(b) Seagate Technology Canada Inc., with offices at 340 Ferrier, Markham, Ontario, Canada L3R 2Z5; and/or
(c) Seagate Technology (Netherlands) B.V., with offices at Koolhovenlaan 1, 1119 PA, Schiphol-Rijk, The Netherlands.
