SYNOLOGY, INC.
END USER LICENSE AGREEMENT
IMPORTANT
–READ CAREFULLY: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT
BETWEEN YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY) AND SYNOLOGY, INC. ("SYNOLOGY") FOR THE
SYNOLOGY SOFTWARE INSTALLED ONTO THE SYNOLOGY PRODUCT PUCHASED BY YOU (THE
“PRODUCT”), OR
LEGALLY DOWNLOADED FROM
, OR ANY OTHER CHANNEL PROVIDED BY SYNOLOGY
("SOFTWARE").
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY USING THE PRODUCTS CONTAINING THE SOFTWARE,
INSTALLING THE SOFTWARE ONTO THE PRODUCTS OR DEVICE CONNECTED TO THE PRODUCTS. IF YOU DO NOT
AGREE TO THE TERMS OF THIS EULA, DO NOT USETHE PRODUCTS CONTAINING THE SOFTWAREOR DOWNLOAD
THE SOFTWARE FROM
, OR ANY OTHER CHANNEL PROVIDED BY SYNOLOGY. INSTEAD,
YOU MAY RETURN THE PRODUCT TO THE RESELLER WHERE YOU PURCHASED IT FOR A REFUND IN
ACCORDANCE WITH THE RESELLER'S APPLICABLE RETURN POLICY.
Section 1. Limited Software License.
Subject to the
terms and conditions of this EULA, Synology grants you a
limited, non-exclusive, non-transferable, personal license to
install, run and use one copy of the Software loaded on the
Product or on your device connected to the Product solely
relating to your authorized use of the Product.
Section 2. Documentation.
You may make and use a
reasonable number of copies of any documentation provided
with the Software; provided that such copies will only be
used for internal business purposes and are not to be
republished or redistributed (either in hard copy or electronic
form) to any third party.
Section 3. Backup.
You may make a reasonable number
of copies of the Software for backup and archival purposes
only.
Section 4. Updates.
Any software provided to you by
Synology or made available on the Synology website at
("Website") or any other channel
provided by Synology that updates or supplements the
original Software is governed by this EULA unless separate
license terms are provided with such updates or
supplements, in which case, such separate terms will govern.
Section 5. License Limitations.
The license set forth in
Sections 1, 2 and 3 applies only to the extent that you have
ordered and paid for the Product and states the entirety of
your rights with respect to the Software. Synology reserves
all rights not expressly granted to you in this EULA. Without
limiting the foregoing, you shall not authorize or permit any
third party to: (a) use the Software for any purpose other
than that in connection with the Product; (b) license,
distribute, lease, rent, lend, transfer, assign or otherwise
dispose of the Software; (c) reverse engineer, decompile,
disassemble or attempt to discover the source code of or
any trade secrets related to the Software, except and only to
the extent that such conduct is expressly permitted by
applicable law notwithstanding this limitation; (d) adapt,
modify, alter, translate or create any derivative works of the
Software; (e) remove, alter or obscure any copyright notice
or other proprietary rights notice on the Software or Product;
or (f) circumvent or attempt to circumvent any methods
employed by Synology to control access to the components,
features or functions of the Product or Software. Subject to
the limitations specified in this Section 5, you are not
prohibited from providing any services hosted by Synology
NAS server to any third party for commercial purpose.
Section 6. Open Source.
The Software may contain
components licensed to Synology under the GNU General
Public License ("GPL Components"), currently available at
http://www.gnu.org/licenses/gpl.html
. The terms of the
GPL will control solely with respect to the GPL Components
to the extent that this EULA conflicts with the requirements
of the GPL with respect to your use of the GPL Components,
and, in such event, you agree to be bound by the GPL with
respect to your use of such components.
Section 7. Audit.
Synology will have the right to audit your
compliance with the terms of this EULA. You agree to grant
Synology a right to access to your facilities, equipment,
books, records and documents and to otherwise reasonably
cooperate with Synology in order to facilitate any such audit
by Synology or its agent authorized by Synology.
Section 8. Ownership.
The Software is a valuable
property of Synology and its licensors, protected by
copyright and other intellectual property laws and treaties.
Synology or its licensors own all rights, titles and interests in
and to the Software, including but not limited to copyright
and any other intellectual property rights.
Section 9. Limited Warranty.
Synology provides a limited
warrant that the Software will substantially conform to
Synology's published specifications for the Software, if any,
or otherwise set forth on the Website, for a period required
by your local law. Synology will use commercially reasonable
efforts to, in Synology's sole discretion, either correct any
such nonconformity in the Software or replace any Software
that fails to comply with the foregoing warranty, provided that
you give Synology written notice of such noncompliance
within the warranty period. The foregoing warranty does not
apply to any noncompliance resulting from any: (w) use,
reproduction, distribution or disclosure not in accordance
with this EULA; (x) any customization, modification or other
alteration of the Software by anyone other than Synology; (y)
combination of the Software with any product, services or
other items provided by anyone other than Synology; or (z)
your failure to comply with this EULA.
Section 10. Support.
During the period specified in the
Section 9, Synology will make available to you the support
services. Following the expiration of the applicable period,
support for Software may be available from Synology upon
written request.
Section 11. Disclaimer of Warranties.
EXCEPT AS
EXPRESSLY SET FORTH ABOVE, THE SOFTWARE IS
PROVIDED "AS IS" AND WITH ALL FAULTS. SYNOLOGY
AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
ARISING BY LAW OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR USE, TITLE AND NONINFRINGEMENT,
WITH REGARD TO THE SOFTWARE. WITHOUT LIMITING
THE FOREGOING, SYNOLOGY DOES NOT WARRANT
THAT THE SOFTWARE WILL BE FREE OF BUGS,
ERRORS, VIRUSES OR OTHER DEFECTS.
Section 12. Disclaimer of Certain Damages.
IN NO
EVENT WILL SYNOLOGY OR ITS LICENSORS BE LIABLE
FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE,
CONSEQUENTIAL
OR
SIMILAR
DAMAGES
OR
LIABILITIES WHATSOEVER (INCLUDING, BUT NOT
LIMITED TO LOSS OF DATA, INFORMATION, REVENUE,
PROFIT OR BUSINESS) 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, WHETHER BASED ON
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
