Synology
SYNOLOGY, INC.
END USER LICENSE AGREEMENT
IMPORTANTâREAD CAREFULLY: THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN
YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY) AND SYNOLOGY, INC. ("SYNOLOGY") FOR THE SYNOLOGY
SOFTWARE INSTALLED ONTO THE SYNOLOGY PRODUCT PUCHASED BY YOU (THE "PRODUCT"), OR LEGALLY DOWNLOADED
FROM WWW.SYNOLOGY.COM, OR ANY OTHER CHANNEL PROVIDED BY SYNOLOGY ( "SOFTWARE").
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY USING THE PRODUCTS CONTAINING THE SOFTWARE,
INSTALLING THE SOFTWARE ONTO THE PRODUCTS OR DEVICE CONNECTED TO THE PRODUCTS. IF YOU DO NOT AGREE
TO THE TERMS OF THIS EULA, DO NOT USETHE PRODUCTS CONTAINING THE SOFTWAREOR DOWNLOAD THE SOFTWARE
FROM WWW.SYNOLOGY.COM, OR ANY OTHER CHANNEL PROVIDED BY SYNOLOGY.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 loaded on the Product or on your device connected to the Product solely
relating to 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 only.
Section 4. Updates. Any software provided to you by Synology or made available on the Synology
website at www.synology.com ("Website") or any other channel provided by Synology 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 Sections 1, 2 and 3 applies only to the
extent that you have ordered and paid for the Product and 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 shall not authorize or permit any third party to: (a) use the
Software for any purpose other than that in connection with the Product; (b) license, distribute,
lease, rent, lend, transfer, assign or otherwise dispose of the Software; (c) reverse engineer,
decompile, disassemble or attempt to discover the source code of or any trade secrets related to
the Software, except and only to the extent that such conduct 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 Software or 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. Subject to the limitations specified in this Section 5, you are not prohibited from
providing any services hosted by Synology NAS server to any third party for commercial purpose.
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 Synology a right to access to your facilities, equipment, books, records
and documents and to otherwise reasonably cooperate with Synology in order to facilitate any such
audit by Synology or its agent authorized by Synology.
Section 8. Ownership. The Software is a valuable property of Synology and its licensors, protected
by copyright and other intellectual property laws and treaties. Synology or its licensors own all
rights, titles and interests in and to the Software, including but not limited to copyright and any
other intellectual property rights.
Section 9. Limited Warranty. Synology provides a limited warrant that the Software will
substantially conform to Synology's published specifications for the Software, if any, or otherwise
set forth on the Website, for a period required by your local law. 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 period specified in the Section 9, Synology will make available to
you the support services. Following the expiration of the applicable period, support for Software
may be available from Synology upon written request.
Section 11. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SOFTWARE IS PROVIDED
"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
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 OF OR 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 OF 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. 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 16. Assignment. You may not transfer or assign your rights under this EULA to any third
party, except for that pre-installed in the Products. Any such transfer or assignment in violation
of the foregoing restriction will be void.
Section 17. Applicable Law. Unless expressly prohibited by local law, this EULA is governed by and
construed in accordance with the laws of the country, in accordance with which Synology Inc. was
organized without regard to any conflict of law principles to the contrary.
Section 18. Dispute Resolution. Any dispute, controversy or claim arising out of or relating to
this EULA will be resolved exclusively and finally by arbitration conducted by three neutral
arbitrators in accordance with the procedures of the Arbitration Law and related enforcement rules
of the country in which Synology Inc. was organized. In such cases, the arbitration 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 take place in Taipei 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. 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 18. 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 19. 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 20. 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 21. 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.
