the Synology end user license agreement accompanying any Software furnished by Synology or an authorized Synology
distributor or reseller; and (b) not attempt to reverse engineer any Product or component thereof or accompanying Software or
otherwise misappropriate, circumvent or violate any of Synology's intellectual property rights.
5.2 Assignment.
Customer will not assign any of its rights under this Warranty directly, by operation of law or otherwise,
without the prior written consent of Synology.
5.3 No Additional Terms.
Except as expressly permitted by this Warranty, neither party will be bound by, and each party
specifically objects to, any term, condition or other provision that conflicts with the provisions of this Warranty that is made by
the other party in any purchase order, receipt, acceptance, confirmation, correspondence or otherwise, unless each party
specifically agrees to such provision in writing. Further, if this Warranty conflicts with any terms or conditions of any other
agreement entered into by the parties with respect to the Product, this Warranty will prevail unless the other agreement
specifically references the sections of this Warranty that it supersedes.
5.4 Applicable Law.
Unless explicitly prohibited by local law, this Warranty is governed by the laws of the State of
Washington, U.S.A. for the Customers residing within the United States; and by the laws of the Republic of China (Taiwan) for
Customers not residing within the United States, without regard to any conflict of law principles to the contrary. The 1980 U.N.
Convention on Contracts for the International Sale of Goods or any successor thereto does not apply.
5.5 Dispute Resolution.
Any dispute, controversy or claim arising out of or relating to this Warranty, the Product or services
provided by Synology with respect to the Product 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 5.5. 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.
5.6 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.
5.7 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.
5.8 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.
5.9 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.
