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Инструкция по эксплуатации Страница: 174

Synology DX5 Инструкция по эксплуатации онлайн [174/177] 259

INABILITY TO USE THE SOFTWARE OR OTHERWISE

UNDER OR IN CONNECTION WITH THIS EULA OR THE

SOFTWARE, WHETHER BASED ON CONTRACT, TORT

(INCLUDING NEGLIGENCE), STRICT LIABILITY OR

OTHER THEORY EVEN IF SYNOLOGY HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 13. Limitation of Liability. SYNOLOGY'S AND

ITS SUPPLIERS' LIABILITY ARISING OUT OF OR

RELATING TO THE USE OR INABILITY TO USE THE

SOFTWARE OR OTHERWISE UNDER OR IN

CONNECTION WITH THIS EULA OR THE SOFTWARE IS

LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU

FOR THE PRODUCT REGARDLESS OF THE AMOUNT OF

DAMAGES YOU MAY INCUR AND WHETHER BASED ON

CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT

LIABILITY OR OTHER THEORY. The foregoing disclaimer

of warranties, 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 the exclusion of implied warranties or the exclusion or

limitation of certain damages. To the extent that those laws

apply to this EULA, the exclusions and limitations set forth

above may not apply to you.

Section 14. Export Restrictions. You acknowledge that

the Software is subject to U.S. export restrictions. You

agree to comply with all applicable laws and regulations that

apply to the Software, including without limitation the U.S.

Export Administration Regulations.

Section 15. U.S. Government License Rights. All

Software provided to the U.S. Government is provided with

the commercial license rights and restrictions described in

this EULA. By installing, copying or using the Software, the

U.S. Government agrees that the Software is "commercial

computer software" or "commercial computer software

documentation" within the meaning of FAR Part 12.

Section 16. Termination. Without prejudice to any other

rights, Synology may terminate this EULA if you do not abide

by the terms and conditions contained herein. In such event,

you must cease use of the Software and destroy all copies of

the Software and all of its component parts.

Section 17. Assignment. You may not transfer or assign

your rights under this EULA to any third party. Any such

transfer or assignment in violation of the foregoing restriction

will be void.

Section 18. Applicable Law. Unless expressly prohibited

by local law, this EULA 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.

Section 19. Dispute Resolution. Any dispute, controversy

or claim arising out of or relating to this Warranty, the

Software or services provided by Synology with respect to

the Software or the relationship between you and Synology

will be resolved exclusively and finally by arbitration under

the current commercial rules of the American Arbitration

Association if you reside in the United States, except as

otherwise provided below. In such cases, the arbitration will

be conducted before a single arbitrator, and will be limited

solely to the dispute between you 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. You understand that, in the

absence of this provision, you 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 you expressly and knowingly waives those

rights and agrees to resolve any disputes through binding

arbitration in accordance with the provisions of this

Section 19. If you do not reside 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 EULA relating to

Synology's intellectual property rights.

Section 20. Attorneys' Fees. In any arbitration, mediation,

or other legal action or proceeding to enforce rights or

remedies under this EULA, 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.

Section 21. Severability. If any provision of this EULA is

held by a court of competent jurisdiction to be invalid, illegal,

or unenforceable, the remainder of this EULA will remain in

full force and effect.

Section 22. Entire Agreement. This EULA sets forth the

entire agreement of Synology and you with respect to the

Software and the subject matter hereof and supersedes all

prior and contemporaneous understandings and agreements

whether written or oral. No amendment, modification or

waiver of any of the provisions of this EULA will be valid

unless set forth in a written instrument signed by the party to

be bound thereby.

Synology DX5 Инструкция по эксплуатации онлайн [174/177] 259

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