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 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 country, in accordance with which Synology Inc. was organized 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
Arbitration Law and related enforcement rules of the country in which Synology Inc. was organized. 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 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.
