Synology(BDS70) - Инструкция по эксплуатации - Страница 35

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.

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.

5.10 Extended Warranty Plus Service Payment and Termination.

 (a) Upon verifying the purchase order by Synology, the

Customer shall immediately pay all charges and tax. Synology reserves the right to refuse to provide the Extended

Warranty Plus Service to Customer who are ineligible or who are under statutory age. (b) The Customer who has not used

the Extended Warranty Plus Service within thirty (30) days after the purchase of the Product can submit a request to

terminate through a technical support ticket within thirty (30) days from the purchase.