Synology Package Center Developer Distribution Agreement
The Package Center is a publicly available site on which application Developers can distribute Products for Devices. In order to distribute Products on the Package Center, you must submit your products to Synology and sign this Package Center Developer Distribution Agreement ("Agreement") which forms a legally binding contract between you and Synology in relation to your use of the Package Center to distribute Products.
Please note that you may not distribute Products on the Package Center if you do not accept this Agreement.
1. Definitions
Unless otherwise defined herein, the capitalized terms in this Agreement have the same meanings given to them therein. For purposes of this Agreement, in addition to the definitions set forth elsewhere herein, the following terms shall have the following respective meanings:
1.1 Synology: Synology Inc.
1.2 Device: A DiskStation that can access the Package Center, as defined herein.
1.3 Products: Software, content and digital materials distributed via the Package Center for free or for sales, which was created for Devices in accordance with the Synology SDK and certified by Synology.
1.4 Package Center: A platform with Synology brand operated by Synology, through which Developers can distribute Products directly to users of Devices.
1.5 Developer or You (or “you”): Any person or company who is verified and approved by Synology to distribute Products in accordance with the terms of this Agreement.
1.6 Payment Processor(s): Any party authorized by Synology to provide payment processing services in the Package Center for sales of Products.
1.7 Commission: The fee Synology charges for its services as your agent under Section 4 for sales of Products.
1.8 Certification: The process specified by Synology for determining the compliance of a Product with the Certification Requirements. A Product is “certified” when Synology confirms that the Product has successfully completed Certification.
1.9 Certification Requirements: The technical, functional, content, and other requirements as specified in the DSM Developer Guide provided by Synology (at https://global.download.synology.com/download/Document/DeveloperGuide/DSM_Developer_Guide.pdf) for Products offered through the Package Center.
1.10 User: The user of the Device.
2. Synology Package Center Developer Program Policies
2.1 In order to use the Package Center to distribute Products, You must first agree to this Agreement before you submit your products to Synology for Certification and undertake that your products will comply with the Synology Package Center Developer Program Policies as Exhibit A. You may not distribute any Products on the Package Center if you do not accept this Agreement.
2.2 You represent and warrant that you have full legal authority to bind your employer or other entity to this Agreement, if you are agreeing to be bound by this Agreement on behalf of your employer or such entity. If you do not have the requisite authority, you may not accept the Agreement or use the Package Center on behalf of your employer or other entity.
2.3 Only a Developer verified by Synology may use the Package Center to distribute Products and may accept this Agreement. This Agreement will automatically terminate if you are (a) not a verified Developer, or (b) a person or entity barred from using DSM software under the laws of the Republic of China (Taiwan) or other countries including those in which you are resident or you use the Synology software.
3. Type of Distribution
3.1 You are allowed to assign the Products to be distributed in the Package Center for free. Synology will not charge You any fee for your distribution of free Products in the Package Center. You may not collect any charges from Users for copies of the Products that those Users were initially allowed to download for free.
3.2 You may choose to charge fees for the Products distributed in the Package Center. If you decides to charge Users a fee for any of your Products, all terms and conditions stated in Section 4 shall apply to your Product distribution for sales.
4. Appointment of Agent and Commissionaire
4.1 Agent. If You distribute the Products in the Package Center for sales, You hereby appoint Synology as Your agent and commissionaire for the marketing and delivery of the Products to Users. You hereby acknowledge that Synology will market and make the Products available for download by Users through Package Center for You and on Your behalf.
4.2 Authority. In furtherance of Synology’s appointment under Section 4.1, You hereby authorize Synology to: (a) Market, solicit and obtain orders on Your behalf from Users for Products; (b) Allow Users to access and re-access copies of the Products, so that Users may acquire and electronically download those Products distributed by You, Product Information, and associated metadata to Users through Package Center; (c) Issue invoices for the purchase price payable by Users for the Products. (d) Receive or refund the amount on Your behalf from or to User purchasing the Products.
4.3 Pricing. The price designated by You, in Your sole discretion, can be calculated according to the purchase frequency of the Products/or the function contained therein. It can also be calculated according to the number of period unit (a specific period as a unit). If you adopt the latter, the Product will be provided to the User continually until the end of the period purchased by the User.
4.4 Price/Fee Change. You shall notify Synology with a two-week advance notice in written, by email or facsimile for any change to the item, price/fee or any other information on the Products. Synology may refuse to make the change to the Products if it does not meet the Certification Requirements or this Agreement. Synology may, depending on the circumstance of the market, request You to consider an adjustment to the price/fee of the Products.
4.5 Best Price. The price/fee designated by You for the Products shall be in US dollars. You warrant that the price/fee to be charged shall be lower than, or equivalent to, that offered for the same products in any other online stores, either operated by Yourself or by other developers with any kind of relationship with You.
4.6 Commission. For sales of the Products to Users via the Package Center, Synology shall be entitled to a Commission equal to twenty percent (20%) of all prices payable by each User. Synology shall be entitled to the commissions specified hereof without reduction for any taxes or other government levies, including any and all taxes or other, similar obligations of You, Synology or any User relating to the delivery or use of the Products.
4.7 Quarterly Sales Report. Synology will assign a Payment Processor to provide payment processing services in the Package Center for sales of Products, including but not limited to collection and refund of payment. No later than one (1) month following the end of each quarterly period in which the corresponding amount was received by Synology from the Payment Processor, Synology will make available to You a sales report in sufficient detail to permit You to identify the Products sold in that quarterly period and the total amount to be remitted to You by Synology. You hereby acknowledge and agree that Synology shall be entitled to a Commission, in accordance with this Section 4 on the delivery of any Product to any User, even if Synology is unable to collect the price for that Product from that User. You shall issue an invoice or receipt to Synology in accordance with the sales report no letter than fifteen (15) days upon receiving the sales report. You also agree that Synology’s internal record shall govern any disagreement on the sales report.
4.8 Payment. Upon collection of any amounts from any User as the price/fee for any Product delivered to that User hereunder, Synology may deduct the full amount of its Commission with respect to that Product, and any taxes collected by Synology under Section 4 hereof, and shall remit to You the remainder of those prices without interest in accordance with Synology standard business practices, including the following: remittance payments (i) are made by means of wire transfer only; (ii) are subject to minimum remittance amount thresholds; (iii) require You to provide certain remittance-related information; and (iv) subject to the foregoing requirements, will be made no later than forty-five (45) days upon receiving correct and undisputed invoice from you.
4.9 Currency. In the event that any currency agreed between Synology and You for the remittance in accordance with Section 4.8 is other than that received by Synology from any User for any Products, the purchase price for that Product shall be converted to the remittance currency, and the amount to be remitted by Synology to You shall be determined, in accordance with an exchange rate upon the date when Synology receives the invoice from You issued for the payment stated in Section 4.8.
4.10 Tax. (a) In the event that any price payable by any User for any of the Products is subject to (i) any withholding or similar tax; or (ii) any sales, use, goods and services, value added, or other tax or levy not collected by Synology under Section 4 hereof; or (iii) any other tax or other government levy of whatever nature, the full amount of that tax or levy shall be solely for Your account, and shall not reduce the commission to which Synology is entitled under this Section. (b) In the event that any remittance made by Synology to You is subject to any withholding or similar tax, the full amount of that withholding or similar tax shall be solely for Your account, and will not reduce the commission to which Synology is entitled on that transaction. If Synology reasonably believes that such tax is due, Synology will deduct the full amount of such withholding or similar tax from the gross amount owed to You, and will pay the full amount withheld over to the competent tax authorities. Synology will apply a reduced rate of withholding tax, if any, provided for in any applicable income tax treaty only if You furnish Synology with such documentation required under that income tax treaty or otherwise satisfactory to Synology, sufficient to establish Your entitlement to the benefit of that reduced rate of withholding tax. Upon Your timely request to Synology in writing, using means reasonably designated by Synology, Synology will use commercially practical efforts to report to You the amount of Synology’s payment of withholding or similar taxes to the competent tax authorities on Your behalf. You will indemnify and hold Synology harmless against any and all claims by any competent tax authority for any underpayment of any such withholding or similar taxes, and any penalties and/or interest thereon, including, but not limited to, underpayments attributable to any erroneous claim or representation by You as to Your entitlement to, or Your disqualification for, the benefit of a reduced rate of withholding tax.
4.11 Refund. In the event that Synology receives any notice or claim from any User that: (i) the User cancels or wishes to cancel its purchase of any of the Products within seven (7) days after the date of download of that Product; or (ii) a Product fails to conform to Your specifications or Your product warranty or the requirements of any applicable law, Synology may refund to the User the full amount of the price paid by the User for that Product. You also grant Synology with full authority to deal with any other claim of any User. Under such an authority, Synology may, at is discretion, refund to the User any amount but up to the price of the Product for the purpose of resolving the claim. In the event that Synology refunds any such price or amount to a User, You shall reimburse, or grant Synology a credit for, an amount equal to the price for that Product. Synology have the right to retain its commission on the sale of that Product, notwithstanding the refund of the price to the User.
5. Your Sole Responsibility for Support to Product
5.1 You will be solely responsible for product warranty, support and maintenance of Your Products and any complaints about Your Products. The detailed information thereon and Your contact information will be submitted to Synology for Certification and displayed in each product’s detail page and made available to Users.
5.2 You shall be solely responsible for, and Synology shall have no responsibility or liability whatsoever with respect to, any and all claims, suits, liabilities, losses, damages, costs and expenses arising from, or attributable to, the Products and/or the use of those Products by any User, including, but not limited to: (i) claims of breach of warranty, whether specified in Your end user license agreement or established under applicable law; (ii) product liability claims; and (iii) claims that any of the Products and/or the User’s possession or use of those Products infringes the copyright or other intellectual property rights of any third party.
6. Your Use of the Package Center
6.1 Except for the license rights granted by You in this Agreement, Synology obtains no right, title or interest from You (or Your licensors) under this Agreement in or to any of Products, including any intellectual property rights which subsist in those Products.
6.2 The purpose for Your use of the Package Center shall be permitted by (a) this Agreement, (b) applicable rules, guidelines or requirements specified by Synology and (c) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
6.3 For Your use the Package Center to distribute Products, You must comply with any statutory requirements in the relevant jurisdictions to protect the privacy and legal rights of Users. If the Users provide You with, or Your Product accesses or uses, User names, passwords, or other login information or personal information, You must make the Users aware that the information will be available to Your Product, and You must provide legally adequate privacy notice and protection for those Users. Further, Your Product may only use that information for the limited purposes for which the User has given You permission to do so. If Your Product stores personal or sensitive information provided by Users, it must do so securely and only for as long as it is needed. But if the User has opted into a separate agreement with You that allows You or Your Product to store or use personal or sensitive information directly related to Your Product (not including other products or applications), then the terms of that separate agreement will govern Your use of such information.
6.4 You will not engage in any activity with the Package Center, including the development or distribution of Products, that interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of any third party including, but not limited to, Synology Users, Synology any Internet Service Provider. You may not use customer information obtained from the Package Center to sell or distribute Products outside of the Package Center.
6.5 You shall not use the Package Center to distribute or make available any Product whose primary purpose is to facilitate the distribution of Products outside of the Package Center.
6.6 No matter whether You charge any fee or not for distribution of the Products in the Package Center, You must submit to Synology the Product that you wish to make available in Package Center, and accurately provide, in a format as specified in the Certification Requirements , the Product’s information, including but not limited to the Product’s title, version number, language, functions, representation and warrant (if any), support and maintenance information, and any copyright or other intellectual property rights notices, for the Product to function on User Devices (the “Product Information”), in addition to the user interface and Your end user license agreement, if any, in which the rights to be granted by You and the relevant restriction to the user must be contained.
6.7 Within a reasonable period of time after You submit Your Product and Product Information to Synology, Synology will evaluate them to determine whether the Product complies with the Certification Requirements and this Agreement. Products and Products Information that do not meet Certification Requirement and this Agreement will not be published in the Package Center. Synology may directly return the Product to You without providing any reasons for its refusal, or choose to notify You, at its discretion, to rectify the Product or Product Information within a specified period. You agree to cooperate with Synology in this certification process. Synology may also evaluate Your Product periodically after they become available in the Package Center to verify that they still comply with this Agreement and Certification Requirements.
6.8 Provided that the submitted Product meets Certification Requirements and this Agreement, Synology will upload the Product and Product Information onto the Package Center for distribution.
6.9 You are solely responsible for (and that Synology has no responsibility to You or to any third party for) the content of any Products You distribute through the Package Center and for the consequences of Your actions and the Product (including any loss or damage which Synology may suffer) by doing so.
6.10 You are solely responsible for (and that Synology has no responsibility to You or to any third party for) any breach of Your obligations under this Agreement, any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which Synology or any third party may suffer) of any such breach.
6.11 The Package Center will allow You to protect Your Products so that Users may not share Products with other Users or Devices.
7. License Granted by You
7.1 You grant to Synology a nonexclusive, worldwide, and royalty-free license to (a) copy, perform, display, and use the Products for administrative, demonstration marketing and promotional purposes in connection with the operation of the Package Center and to use the Products to make improvements to the Synology platform; (b) provide hosting services to You, in order to allow for the storage of, and User access to, the Products; (c) make copies of, format, public transport and otherwise prepare the Products for acquisition and download by Users, including adding the Security Solution; (d) use trademarks and logos associated with the Products, for promotional purposes in marketing materials and gift cards, excluding those portions of the Products, trademarks or logos, or Products information which You notified Synology that do not have the right to use for promotional purposes; and (e) otherwise use the Products, Products information, screen shots and excerpts of the Products and associated metadata as may be reasonably necessary in the marketing and delivery of the Products and in connection with the operation of the Package Center.
7.2 Synology may use other contractors in connection with the performance of obligations and exercise of rights under this agreement. Synology also may retain a copy of the Product, modify, revise and use such a copy, if necessary, for the purpose of supporting the Package Center and the Synology platforms merely, even after the termination of this Agreement.
7.3 You grant to the User a non-exclusive, worldwide, and perpetual license to perform, display, and use the Product on the Device. If you choose, you may include a separate end user license agreement (EULA) in your Product that will govern the User's rights to the Product.
7.4 You represent and warrant that You have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to the Product. If You use third-party materials, You represent and warrant that you have the right to distribute the third-party material in the Product. You agree that You will not submit material to Package Center that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit the material.
8. Brand Names and Publicity
8.1 "Brand Names" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand names of each party, respectively, as owned (or licensed) by such party from time to time.
8.2 Each party shall own all right, title and interest, including without limitation all intellectual property rights, relating to its Brand Names. Except to the limited extent expressly provided in this Agreement, neither party grants, nor shall the other party acquire, any right, title or interest (including, without limitation, any implied license) in or to any Brand Names of the other party. Subject to the terms and conditions of this Agreement, Developer grants to Synology and its affiliates a limited, non-exclusive license during the term of this Agreement to display Developer Brand Names, submitted by Developer to Synology, for use solely online or on mobile devices and in either case solely in connection with the distribution and sale of Developer's Product through the Package Center, or to otherwise fulfill its obligations under this Agreement. If Developer discontinues the distribution of specific Products on the Package Center, Synology will cease use of the discontinued Products' Brand Names pursuant to this Section 8.2. Nothing in this Agreement gives Developer a right to use any of Synology's trade names, trademarks, service marks, logos, domain names, or other distinctive brand Names.
9. Product Takedowns
9.1 Takedowns by You. You may request Synology to remove Your Products from future distribution via the Package Center at any time, but you must comply with this Agreement for any Products distributed through the Package Center and the process required by Synology. Removing your Products from future distribution via the Package Center does not (a) affect the license rights of Users who have previously downloaded Your Products, (b) remove your Products from Devices or from any part of the Package Center where previously downloaded applications are stored on behalf of Users, or (c) change Your obligation to deliver or support Products or services that have been previously downloaded by Users. Synology may keep Your Product and deliver it to the User for the purpose of continually performing Your obligations under this Agreement, such as in the circumstance the User entitled to do so before the end of the purchased period as specified in Section 4.3, and etc. Unless expressly otherwise specified in this Agreement, Synology will not maintain on any portion of the Package Center (including but not limited to, the part of the Package Center where previously downloaded applications are stored on behalf of Users) any Product that You have requested to remove from the Package Center and provided written notice to Synology that such removal was due to (i) an allegation of infringement, or actual infringement, of any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person, (ii) an allegation of defamation or actual defamation, (iii) an allegation of violation, or actual violation, of any third party's right of publicity or privacy, or (iv) an allegation or determination that such Product does not comply with applicable law.
9.2 Takedowns by Synology. Synology does not intend and does not undertake, to monitor the Products or their content. If Synology becomes aware, either notified by You or not, and determines in its sole discretion that a Product or any portion thereof or your Brand Names; (a) violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; (c) is pornographic, obscene or otherwise violates Synology's hosting policies or other terms of service as may be updated by Synology from time to time in its sole discretion; (d) is being distributed by You improperly; (e) may create liability for Synology or Internet Service Providers; (f) is deemed by Synology to have a virus or is deemed to be malware, spyware or have an adverse impact on Synology's or an Internet Service Provider's network; (g) violates the terms of this Agreement, Certification Requirement, the Package Center Content Policy for Developers or any other guidelines or rules specified by Synology; or (h) the display of the Product is impacting the integrity of Synology servers (i.e., users are unable to access such content or otherwise experience difficulty), Synology may remove the Product from the Package Center, reclassify the Product, or to suspend and/or bar any Developer from the Package Center at its sole discretion.
Synology enters into distribution agreements with device manufacturers and Internet Service Providers to place the Package Center software client application for the Package Center on Devices. These distribution agreements may require the involuntary removal of Products in violation of the Device manufacturer's or Internet Service Provider's terms of service. You agree that Synology may remove the Products accordingly without notice to You.
10. Information Collection
10.1 Synology may collect certain usage statistics from the Package Center and Devices, including but not limited to, information on how the Package Center and Devices are being used for the purpose of continually innovating and improving the Package Center.
10.2 The information collected will be examined in the aggregate to improve the Package Center for Users and Developers and will be maintained in accordance with Synology's Privacy Policy. To ensure the improvement of Products, limited aggregate information may be available to You upon written request.
11. Termination of this Agreement
11.1 This Agreement will continue to apply until terminated by either Party as set out below. Notwithstanding any such termination, Synology shall be entitled to: (i) all Commissions on all copies of the Products downloaded by Users prior to the date of termination; and (ii) reimbursement from You of refunds paid by Synology to Users, whether before or after the date of termination, in accordance with Section 4.11.
11.2 Either Party may terminate this Agreement, if a thirty (30) days prior written notice (unless this Agreement terminates under Section 11.3) was provided to other Party.
11.3 Synology may at any time, terminate this Agreement with effect immediately, if: (a) You have breached any provision of this Agreement; or (b) Synology is required to do so by law; or (c) You cease being an authorized Developer; or (d) Synology decides to no longer provide the Package Center.
12. DISCLAIMER
12.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PACKAGE CENTER IS AT YOUR SOLE RISK AND THAT THE PACKAGE CENTER IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
12.2 YOUR USE OF THE PACKAGE CENTER AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PACKAGE CENTER IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
12.3 SYNOLOGY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE OBTAINED BY DEVELOPERS IN CONNECTION WITH THE USE OF THE PACKAGE CENTER.
13. LIMITATION OF LIABILITY
13.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT SYNOLOGY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT SYNOLOGY, ITS REPRESENTATIVES, OR AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14. Indemnification
To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless Synology, its affiliates and their respective directors, officers, employees and agents, and Internet Service Providers from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) Your use of the Package Center in violation of this Agreement, and (b) Your Product that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy.
15. Changes to the Agreement
Synology may make changes to this Agreement at any time by sending the Developer notice by email describing the modifications made. Synology will also post a notification on the Package Center site describing the modifications made. The changes will become effective, and will be deemed accepted by Developer, (a) immediately for those who become Developers after the notification is posted, or (b) for pre-existing Developers, the modified Agreement will become effective upon Developer's acceptance of the modified Agreement (except changes required by law which will be effective immediately). Pre-existing Developers will show their acceptance of the modified Agreement by going to the Package Center site and accepting the modified Agreement. In the event that Developer does not agree with the modifications to the Agreement within thirty (30) days after the date the email is sent, then Synology will suspend the distribution of your Products until Developer agrees to the modified Agreement. In the event that You do not agree with the modifications within ninety (90) days after the date the email is sent, then You must terminate your use of the Package Center, which will be your sole and exclusive remedy.
16. General
16.1 This Agreement constitutes the whole legal agreement between You and Synology and governs your use of the Package Center, and completely replaces any prior agreements or understanding between You and Synology in relation to the Package Center.
16.2 You agree that if Synology does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Synology has the benefit of under any applicable law), this will not be taken to be a formal waiver of Synology's rights and that those rights or remedies will still be available to Synology.
16.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
16.4 You acknowledge and agree that either subsidiary of Synology shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.
16.5 EXPORT RESTRICTIONS. PRODUCTS ON THE PACKAGE CENTER MAY BE SUBJECT TO UNITED STATES EXPORT LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL DOMESTIC AND INTERNATIONAL EXPORT LAWS AND REGULATIONS THAT APPLY TO YOUR DISTRIBUTION OR USE OF PRODUCTS. THESE LAWS INCLUDE RESTRICTIONS ON DESTINATIONS, USERS AND END USE.
16.6 The rights granted in this Agreement may not be assigned or transferred by either You or Synology without the prior written approval of the other party. Neither You nor Synology shall be permitted to delegate their responsibilities or obligations under this Agreement without the prior written approval of the other party.
16.7 This Agreement, and your relationship with Synology under this Agreement, shall be governed by the laws of the Republic of China (Taiwan) without regard to its conflict of laws provisions. You and Synology agree to submit to the exclusive jurisdiction of the courts located at Taipei City of Taiwan, Republic of China to resolve any legal matter arising from this Agreement. Notwithstanding this, You agree that Synology shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Exhibit A
Synology Package Center Developer Program Policies
The policies listed below play an important role in maintaining a positive experience for everyone using Synology DiskStation. Anyone using Synology DiskStation must comply with the policies.
- Content Policies: Developers shall not display (via text, images, video or other media), or otherwise make available applications or links to, including any ads it shows to users and shall not make any user-generated content it hosts or links to: Sexually Explicit Material. We do not allow any content that contains nudity, graphic sex acts, or sexually explicit material. Synology has a zero-tolerance policy against child pornography. If we become aware of content with child pornography, we will report it to the appropriate authorities and delete the application of those involved with the distribution.
- Violence and Bullying: Depictions of gratuitous violence are not allowed. Applications shall not contain materials that threaten, harass or bully other users.
- Hate Speech: We do not allow the promotion of hatred toward groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity.
- Impersonation or Deceptive Behavior: Don't pretend to be someone else, and don't represent that your app is authorized by or produced by another company or organization if that is not the case. Products or the ads they contain also must not mimic functionality or warnings from a user’s operating system or other applications. Developers shall not divert users or provide links to any other site that mimics Synology or passes itself off as Synology.
- Personal and Confidential Information: We do not allow unauthorized publishing of people's private and confidential information, such as credit card numbers, Social Security numbers, driver's and other license numbers, or any other information that is not publicly accessible.
- Intellectual Property: Don’t infringe on the intellectual property rights of others, including patent, trademark, trade secret, copyright, and other proprietary rights. We will respond to clear notices of alleged copyright infringement.
- Illegal Activities: Keep it legal. Don't engage in unlawful activities on this product.
- Gambling: We do not allow content or services that facilitate online gambling, including but not limited to, online casinos, sports betting and lotteries.
- Malicious Products: Don't transmit viruses, worms, defects, Trojan horses, malware, or any other items of that may harm user devices or personal data. We do not allow content that harms or interferes with the operation of the networks, servers, or other infrastructure of Synology or any third-parties. Spyware, malicious scripts and password phishing scams are also prohibited on Synology.
Network Usage and Terms
Applications must not create unpredictable network usage that has an adverse impact on a user's service charges or an Internet Service Provider. Applications also may not knowingly violate an Internet Service Provider term of service for allowed usage or any Synology terms of service.
Spam and Placement in the Package Center
Developers are important partners in maintaining a great user experience in Synology Package Center.
- Product descriptions should not be misleading or loaded with keywords in an attempt to manipulate ranking or relevancy in the store’s search results.
- Do not post an app where the primary functionality is to link to the website or the webview of a website not owned by you (unless you have permission from the website owner to do so).
Policy Enforcement
In the event that your application is removed by Synology, you will receive an email notification to that effect. If you have any questions or concerns regarding a removal or a rating/comment from a user, you may contact us.