License

ACF China.com, ACF wholesale Commerce system Software License

IMPORTANT: THIS SOFTWARE AND SERVICE END USER LICENSE AGREEMENT ("EULA") IS
A LEGAL AGREEMENT BETWEEN YOU AND ACF China. READ IT CAREFULLY BEFORE
COMPLETING THE INSTALLATION PROCESS AND USING THE PUSHCHANGE SOFTWARE AND
PUSHCHANGE SERVICE. IT PROVIDES A LICENSE TO USE THE SOFTWARE, SERVICE, AND
CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND
USING THE SOFTWARE AND SERVICE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE
SOFTWARE AND SERVICE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS
AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT INSTALL
THE SOFTWARE AND DO NOT USE THE SERVICE AND CANCEL YOUR SUBSCRIPTION TO
PLACE OF PURCHASE FOR A FULL REFUND.

1. Definitions

(a) "ACF China" means ACF China, author of software and service.

(b) "Software" means ACF China Pushchange software program supplied by ACF
China herewith, which may also include documentation, associated media,
printed materials, and online and electronic documentation.

(c) "Service" means ACF China Pushchange service provided via the ACF
China.com web-site supplied by ACF China herewith, which includes service
use, associated media, and online and electronic documentation.

2. License

This EULA allows you to:

(a) Use the Software on a set number of computers specified during purchase
; A license for the Software may not be shared or used concurrently on more
computers than specified during purchase.

(b) Make one copy of the Software solely for backup purposes. You must
reproduce on any such copy all copyright notices and any other proprietary
legends on the original copy of the Software.

3. License Restrictions

(a) Other than as set forth in Section 2, you may not make or distribute
copies of the Software, or electronically transfer the Software from one
computer to another or over a network.

(b) You may not rent, lease, or sublicense the Software or the Service.

(c) You may permanently transfer all of your rights under this EULA only as
part of a sale or transfer, provided you retain no copies, you transfer all
of the Software (including all component parts, the media and printed
materials, any upgrades, this EULA, and the serial numbers), and the
recipient agrees to the terms of this EULA. If the Software is an upgrade,
any transfer must include all prior versions of the Software. You may not
sell or transfer any Software purchased under a volume discount.

(d) You may not create derivative works based upon the Software, unless
user of derivative works purchases a license.

(e) You may not export the Software into any country prohibited by the
United States Export Administration Act and the regulations thereunder.

(f) In the event that you fail to comply with this EULA, ACF China may
terminate the license and the Service subscription and you must destroy all
copies of the Software.

4. Upgrades

If this copy of the Software is an upgrade from an earlier version of the
Software, it is provided to you on a license exchange basis. You agree by
your installation and use of this copy of the Software to voluntarily
terminate your earlier EULA and that you will not continue to use the
earlier version of the Software or transfer it to another person or entity
unless such transfer is pursuant to Section 3.

5. Ownership

The foregoing license gives you limited license to use the Software. ACF
China and its suppliers retain all right, title and interest, including all
copyrights, in and to the Software, Service, and all copies thereof. All
rights not specifically granted in this EULA, including Federal and
International Copyrights, are reserved by ACF China and its suppliers.

6. LIMITED WARRANTY AND DISCLAIMER

(a) LIMITED WARRANTY. ACF China warrants that, for a period of thirty (30)
days from the date of delivery (as evidenced by a copy of your receipt):
(i) when used with a recommended hardware configuration, the Software will
perform in substantial conformance with the documentation supplied with the
Software; and (ii) the physical media on which the Software is furnished
will be free from defects in materials and workmanship under normal use.
(iii) the service when used as documented will perform in substantial
conformance with the documentation supplied with the Service.

(b) NO OTHER WARRANTY. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED
WARRANTY, ACF China AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, OR OTHERWISE INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO
WARRANTY OF NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT. IF APPLICABLE LAW
IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES
ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ACF China, ITS DEALERS,
DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY.

(c) (USA ONLY) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE.

7. Exclusive Remedy

Your exclusive remedy under Section 6 is to return the Software to the
place you acquired it, with a copy of your receipt and a description of the
problem. ACF China will use reasonable commercial efforts to supply you
with a replacement copy of the Software that substantially conforms to the
documentation, provide a replacement for defective media, or refund to you
your purchase price for the Software, at its option. ACF China shall have
no responsibility if the Software has been altered in any way, if the media
has been damaged by accident, abuse or misapplication, or if the failure
arises out of use of the Software with other than a recommended hardware
configuration.

8. LIMITATION OF LIABILITY

(a) NEITHER ACF China NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS,
INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OR INABILITY TO USE THE
SOFTWARE OR THIS EULA BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ACF China OR ITS REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH
HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) ACF China'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE
WHATSOEVER WILL BE LIMITED TO THE GREATER OF $500 US DOLLARS OR THE AMOUNT
PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.

(c) (USA ONLY) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE.

9. Basis of Bargain

The Limited Warranty, Exclusive Remedies and Limited Liability set forth
above are fundamental elements of the basis of the agreement between ACF
China and you. ACF China would not be able to provide the Software on an
economic basis without such limitations.

10. (Outside of the USA) Consumer End Users Only

The limitations or exclusions of warranties and liability contained in this
EULA do not affect or prejudice the statutory rights of a consumer, i.e., a
person acquiring goods otherwise than in the course of a business.

12. General Provisions

This EULA shall be governed by the internal laws of the State of
Pennsylvania, without giving effect to principles of conflict of laws. This
EULA contains the complete agreement between the parties with respect to
the subject matter hereof, and supersedes all prior or contemporaneous
agreements or understandings, whether oral or written. All questions
concerning this EULA shall be directed to: ACF China, Attn: ACF China ACF
wholesale Commerce system, East Entrance, Room 516, Beishihe Building
No 10 Liangjiayuan, Jianguomenwai Ave. Beijing, China 100022.

ACF China.com, ACF China, and ACF wholesale Commerce system are trademarks
or registered trademarks of ACF China in the United States and/or other
countries. Third party trademarks, trade names, product names and logos may
be the trademarks or registered trademarks of their respective owners.