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Synology DX5 [173/177] Synology inc end user license agreement

SYNOLOGY, INC.

END USER LICENSE AGREEMENT

IMPORTANT–READ CAREFULLY: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT

BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND SYNOLOGY, INC. AND ITS AFFILIATES,

INCLUDING SYNOLOGY AMERICAN CORP, (COLLECTIVELY, "SYNOLOGY") FOR ANY SYNOLOGY SOFTWARE,

TOGETHER WITH ANY OTHER ASSOCIATED FIRMWARE, MEDIA, PRINTED MATERIALS AND "ONLINE" OR

ELECTRONIC DOCUMENTATION (COLLECTIVELY, THE "SOFTWARE") AVAILABLE FOR DOWNLOAD AT

WWW.SYNOLOGY.COM OR PROVIDED WITH OR INSTALLED ON A SYNOLOGY PRODUCT (THE "PRODUCT").

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY OPENING THE PACKAGE CONTAINING THE

SOFTWARE, INSTALLING THE SOFTWARE NOT OTHERWISE PRE-INSTALLED BY SYNOLOGY ON A PRODUCT OR

OTHERWISE USING A PRODUCT THAT INCLUDES PRE-INSTALLED SOFTWARE. IF YOU DO NOT AGREE TO THE

TERMS OF THIS EULA, DO NOT OPEN THE BOX CONTAINING THE PRODUCT, INSTALL THE SOFTWARE OR USE THE

PRODUCT CONTAINING THE SOFTWARE. INSTEAD, YOU MAY RETURN THE PRODUCT TO THE RESELLER WHERE

YOU PURCHASED IT FOR A REFUND IN ACCORDANCE WITH THE RESELLER'S APPLICABLE RETURN POLICY.

Section 1. Limited Software License. Subject to the

terms and conditions of this EULA, Synology grants you a

limited, non-exclusive, non-transferable, personal license to

install, run and use one copy of the Software on the Product

solely in connection with your authorized use of the Product.

Section 2. Documentation. You may make and use a

reasonable number of copies of any documentation provided

with the Software; provided, that such copies will only be

used for internal business purposes and are not to be

republished or redistributed (either in hard copy or electronic

form) to any third party.

Section 3. Backup. You may make a reasonable number

of copies of the Software for backup and archival purposes.

Section 4. Updates. Any software provided to you by

Synology or made available on the Synology web site at

www.synology.com ("Web Site") that updates or

supplements the original Software is governed by this EULA

unless separate license terms are provided with such

updates or supplements, in which case, such separate terms

will govern.

Section 5. License Limitations. The license set forth in

Section 1 applies only to the extent you have ordered and

paid for the Product and it states the entirety of your rights

with respect to the Software. Synology reserves all rights

not expressly granted to you in this EULA. Without limiting

the foregoing, you will not, and you will not authorize or

permit any third party to: (a) use the Software for any

purpose other than in connection with the Product;

(b) license, distribute, lease, rent, lend, transfer, assign or

otherwise dispose of the Software or use the Software in any

commercial hosted or service bureau environment;

discover the source code for or any trade secrets related to

the Software, except and only to the extent that such activity

is expressly permitted by applicable law notwithstanding this

limitation; (d) adapt, modify, alter, translate or create any

derivative works of the Software; (e) remove, alter or

obscure any copyright notice or other proprietary rights

notice on the Product; or (f) circumvent or attempt to

circumvent any methods employed by Synology to control

access to the components, features or functions of the

Product or Software.

Section 6. Open Source. The Software may contain

components licensed to Synology under the GNU General

Public License ("GPL Components"), currently available at

http://www.gnu.org/licenses/gpl.html. The terms of the GPL

will control solely with respect to the GPL Components to the

extent that this EULA conflicts with the requirements of the

GPL with respect to your use of the GPL Components, and,

in such event, you agree to be bound by the GPL with

respect to your use of such components.

Section 7. Audit. Synology will have the right to audit your

compliance with the terms of this EULA. You agree to grant

access to Synology to facilities, equipment, books, records

and documents and to otherwise reasonably cooperate with

Synology in order to facilitate any such audit.

Section 8. Ownership. The Software is valuable property

of Synology and its licensors and is protected by copyright

and other intellectual property laws and treaties. Synology

or its licensors own all right, title and interest in and to the

Software and all copyright and other intellectual property

rights in the Software.

Section 9. Limited Warranty. Synology warrants that for a

period of ninety (90) days after either your (a) installation of

the Software on Products that do not include pre-installed

Software or (b) use of a Product that includes pre-installed

Software, as applicable, (the "Warranty Period"), the

Software will substantially conform to Synology's published

specifications for the Software, if any, or otherwise set forth

on the Web Site. Synology will use commercially reasonable

efforts to, in Synology's sole discretion, either correct any

such nonconformity in the Software or replace any Software

that fails to comply with the foregoing warranty, provided that

you give Synology written notice of such noncompliance

within the Warranty Period. The foregoing warranty does not

apply to any noncompliance resulting from any: (w) use,

reproduction, distribution or disclosure not in accordance

with this EULA; (x) any customization, modification or other

alteration of the Software by anyone other than Synology;

(y) combination of the Software with any product, services or

other items provided by anyone other than Synology; or

(z) your failure to comply with this EULA.

Section 10. Support. During the Warranty Period,

Synology will make available to you the support services.

Following the expiration of the applicable Warranty Period,

support for Software may be available from Synology upon

written request.

Section 11. Disclaimer of Warranties. EXCEPT AS

EXPRESSLY SET FORTH ABOVE, SYNOLOGY AND ITS

SUPPLIERS PROVIDE THE SOFTWARE "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 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

Synology DX5 [173/177] Synology inc end user license agreement

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