Synology VisualStation VS960HD, Руководство по установке оборудования

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4.1 Proprietary Rights. The Product and any
accompanying Software and documentation provided
with the Product include proprietary and intellectual
property rights of Synology and its third party suppliers
and licensors. Synology retains and reserves all right,
title, and interest in the intellectual property rights of the
Product, and no title to or ownership of any intellectual
property rights in or to the Product, any accompanying
Software or documentation and any other goods
provided under this Warranty is transferred to Customer
under this Warranty. Customer will (a) comply with the
terms and conditions of 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.
4.2 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.
4.3 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.
4.4 Applicable Law. Unless expressly prohibited
by local law, this Warranty is governed by the laws of
the State of Washington, U.S.A. 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.
4.5 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 4.5. 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.
4.6 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.
4.7 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.
4.8 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.
4.9 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.