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 OF 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. 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 16. Assignment.
You may not transfer or assign
your rights under this EULA to any third party, except for that
pre-installed in the Products. Any such transfer or
assignment in violation of the foregoing restriction will be
void.
Section 17. Applicable Law.
Unless expressly prohibited
by local law, this EULA is governed by and construed in
accordance with the laws of the Republic of China (R.O.C. or
Taiwan) without regard to any conflict of law principles to the
contrary.
Section 18. Dispute Resolution.
Any dispute, controversy
or claim arising out of or relating to this EULA will be
resolved exclusively and finally by arbitration conducted by
three neutral arbitrators in accordance with the procedures
of the R.O.C. Arbitration Law and related enforcement rules.
In such cases, the arbitration 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 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. 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 18. 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 19. 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 20. 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 21. 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.
