Synology DS713+ Guide d'installation télécharger pdf (Page 20)

designee; (c) has been in any way misused, abused, or

damaged; (d) has been us ed with items not provided by

Synology other than the hardware or software for which the

Product is designed; or (e) otherwise fails to conform to the

Product specifications and such failure is attributable to

causes not within or under Synology's control. Further, the

foregoing warranties will be v oid if (1) Customer

disassembles the Product except as authorized by Synology;

(2) Customer fails to implement any correction, modification,

enhancement, improvement or other update made available

to Customer by Synology; or (3) Customer implements,

installs or uses any correction, modification, enhancement,

improvement or other update made available by any third

party. The warranty set forth in Section 2.1 will terminate

upon Customer's sale or transfer of the Product to a third

party.

2.8 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 DO NOT

ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO

THE ABOVE LIMITATION MAY NOT APPLY TO

CUSTOMER.

Section 3. Limitations of Liability

3.1 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).

3.2 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.

3.3 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. T he 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 l imitations set forth above

may not apply to Customer.

Section 4. Miscellaneous

4.1 Proprietary Rights. The Product and any

accompanying Software and doc umentation provided with

the Product include proprietary and intellectual property

rights of Synology and its third party suppliers and licensors.

Synology retains and r eserves 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. C ustomer will (a) comply

with the terms and conditions of the Synology end u ser

license agreement accompanying any Software furnished by

Synology or an aut horized 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 c onducted before a

single arbitrator, and will be limited solely to the dispute

between Customer and S ynology. T he 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 hel d in King County,

Washington, U.S.A. by submission of documents, by

telephone, online or in person as determined by the

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