Synology(BDS70) - Инструкция по эксплуатации - Страница 34

canceled after Synology has received the nonconforming Product returned by the Customer. If the Customer has

not returned the nonconforming Product within twenty-eight (28) calendar days, Synology is entitled to collect the

security in full from the Customer's credit card and to disable all services related to the serial numbers of the

nonconforming Product and the replacement. In addition, Synology reserves the rights to refuse to provide any

relevant technical support in the future. The aforementioned measures shall not affect Synology’s legal rights

arising therefrom.

3.5 Replacement of New Product or Refurbished Product by Synology.

 If Synology elects to replace any Product under this

Warranty set forth in Section 3.1, then Synology will ship a replacement Product at Synology's expense via the shipping

method selected by Synology after receipt of the nonconforming Product returned in accordance with Section 3.4 and

validation by Synology that the Product does not conform to the warranty. Before the shipment of the Refurbished Product

to the Customers, they have been verified to strictly comply with Synology's quality standard. Please note that part of the

Refurbished Products would be with certain stain, scratches, or other minor wear and tear. In some countries, Synology

may at its own discretion apply the Synology Replacement Service to certain Products, through which Synology will ship a

replacement Product to Customer before its receipt of the nonconforming Product returned by Customer ("Synology

Replacement Service").

3.6 Disclaimer of Warranties.

 THE WARRANTIES, OBLIGATIONS, AND LIABILITIES OF SYNOLOGY AND THE

REMEDIES OF CUSTOMER SET FORTH IN THIS WARRANTY ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND

CUSTOMER HEREBY WAIVES, RELEASES AND DISCLAIMS, ALL OTHER WARRANTIES, OBLIGATIONS AND

LIABILITIES OF SYNOLOGY AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST

SYNOLOGY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PRODUCT,

ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES DELIVERED UNDER

THIS WARRANTY, INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR

FITNESS FOR A PARTICULAR PURPOSE OR USE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF

PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (C) CLAIM OF INFRINGEMENT OR

MISAPPROPRIATION; OR (D) CLAIM IN TORT (WHETHER BASED ON NEGLIGENCE, STRICT LIABILITY, PRODUCT

LIABILITY OR OTHER THEORY). SYNOLOGY MAKES NO GUARANTEE AND SPECIFICALLY DISCLAIMS ANY

WARRANTY THAT THE DATA OR INFORMATION STORED ON ANY SYNOLOGY PRODUCT WILL BE SECURE AND

WITHOUT RISK OF DATA LOSS. SYNOLOGY RECOMMENDS THAT CUSTOMER TAKES APPROPRIATE MEASURES

TO BACK UP THE DATA STORED ON THE PRODUCT. SOME STATES/JURISDICTIONS DO NOT ALLOW

LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.

3.7 Extended Warranty Plus Limitations.

 (a) The Customer must complete the purchase of the Extended Warranty Plus

Service within ninety (90) days following the original purchase date of the new Product. (b) As Synology provides the

Extended Warranty Plus Service only in certain areas, the Customer must select the area to activate the Service during the

purchase process. If the Customer requests Extended Warranty Plus Service from an area other than the selected area,

Synology, at its sole discretion, may not provide Extended Warranty Plus Service; (c) Exceptions to coverage: The

Extended Warranty Plus Service does not apply to overseas departments, overseas territories, overseas autonomous

regions, and islands other than the main island of the countries and regions.

Section 4. Limitations of Liability

4.1 Force Majeure.

 Synology will not be liable for, or be considered to be in breach of or default under this Warranty on

account of, any delay or failure to perform as required by this Warranty as a result of any cause or condition beyond its

reasonable control (including, without limitation, any act or failure to act by Customer).

4.2 Disclaimer of Certain Damages.

 IN NO EVENT WILL SYNOLOGY OR ITS SUPPLIERS BE LIABLE FOR THE COST

OF COVER OR 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 OR INABILITY TO USE THE PRODUCT, ANY

ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES PROVIDED UNDER

THIS WARRANTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR

OTHER THEORY EVEN IF SYNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.3 Limitation of Liability.

 SYNOLOGY'S AND ITS SUPPLIERS' LIABILITY ARISING OUT OF OR RELATING TO THE

USE OR INABILITY TO USE THE PRODUCT, ANY ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY

OTHER GOODS OR SERVICES PROVIDED UNDER THIS WARRANTY IS LIMITED TO THE AMOUNT ACTUALLY PAID

BY CUSTOMER FOR THE PRODUCT REGARDLESS OF THE AMOUNT OF DAMAGES CUSTOMER MAY INCUR AND

WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY. The

foregoing 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 exclusion or limitation of certain damages. To the extent that those

laws apply to the Product, the exclusions and limitations set forth above may not apply to Customer.

Section 5. Miscellaneous

5.1 Proprietary Rights.

 The Product and any accompanying Software and documentation provided with the Product include