Anoplex Software EULA, Terms and Conditions
Anoplex Software (Anoplex) customers pay a monthly license fee for the use of the various Anoplex programs. This is a non-transferable, non-assignable object-code license that conveys no rights to source code. Installation of locally-installed software is allowed on one machine at one facility. An unlimited number of users are allowed access to the software from within that one facility.
Online programs are hosted in online server farms such as Google Cloud, Amazon Web Services, Microsoft Azure, or other similar service in use by Anoplex. The monthly license fee allows access to a single database or provisioned database segment. This translates into one list of chemical tanks, one list of supplies, one list of vendors, etc. which might be used by a single facility or by multiple facilities located in the same time zone. An unlimited number of users are allowed access to the database using a supported web browser and broadband Internet connection. Anoplex is not responsible for the performance, reliability or usability of the customer's Internet connection, Internet routing, or local network operation.
Locally-installed programs are installed and maintained by our customers or by the customer's designated IT service. To facilitate these tasks, Anoplex provides tools for installation, updating, database management, and recovery from failures. Since power failures, hardware failures, cyberattacks, and other events are outside of our control, Anoplex makes no guarantee of data integrity or future accessibility. Customers are responsible for system software, hardware and network maintenance, data backup, and protection of their data.
Online programs offer the ability for customers to download SQL backups and to keep them in safe storage. The customer's entire database - tank setups and history - can be restored from one of these SQL backup files. Online programs offer the ability for customers to upload documents to Cloud Storage: these files are NOT backed up by Google or Anoplex. Neither Anoplex nor our service providers have control over power failures, hardware failures, cyberattacks, program bugs or other events that might cause loss of data. Customers are responsible for downloading backups on a regular basis and protecting them in local storage or in their own cloud-based backup facilities and for keeping local copies of any uploaded documents.
Anoplex will send an invoice to each customer as a PDF attachment to email as soon as possible after the first day of each quarter. The initial invoice may cover a partial quarter. Discounts are automatically applied if payment for the previous invoice was received within 30 days of the date that the previous email was sent. Customers must notify Anoplex of the proper email address for invoice submission and ensure that invoices are not blocked by spam filters or disregarded. Anoplex will assume that emails are received unless a non-delivery notice is received from the customer's email provider. The software license is terminated if an invoice remains unpaid for more than 90 days. We do not submit invoices through portals or work with any type of online payment systems under any circumstances. We do not accept credit card payments.
Online training and support are available by appointment only between the hours of 7 AM and 5 PM US Pacific Time. Online support includes voice conferencing and screen sharing. If online support is required, Anoplex customers must ensure that no security software prevents operation of the screen sharing tools used by Anoplex. If calls to cell phones are initiated from outside the US and result in charges, those charges will be invoiced to the customer making the call. All support is done using English: international customers should have an English-speaking translator on all calls. Questions on program operation can be submitted to Anoplex staff via email, and we will make best efforts to return answers to emails within one day of receipt. If a program bug is suspected, the email should describe the sequence of events leading to the problem and a screen shot of any error messages produced.
To provide customer support, Anoplex personnel may require access to a customer's data. Anoplex treats all information that is not in the public domain as confidential. This includes, but is not limited to, proprietary chemical mixes, test methods, customer lists, and audit results. It is our policy to sign reasonable, bi-directional non-disclosure agreements if required by a customer; however, we reserve the right to decline non-disclosure agreements that might be interpreted to cover information that is in the public domain or that is already known to us. Anoplex may choose to use a customer's logo for marketing purposes without implying any relationship other than a supplier-customer relationship.
Anoplex customers are under no obligation to continue use of the software or payments. Billing will cease as soon as possible after written notification that software use is to be terminated. Customer agrees to pay all invoices emailed prior to our receipt of notification of termination. After a program has been in use or installed at a customer's facility, invoiced payments must be continued for the duration of the usage. If payments are discontinued for any reason, Anoplex reserves the right to invoice for the entire period from last received payment to reissuing of the license before a new license is initiated, and to discontinue all promotional discounts and re-license at prevailing pricing.
Customers understand and agree that Anoplex has the responsibility to delete all database files, uploaded files, and user information (log in credentials, etc.) that are in Cloud storage or managed databases. If a customer decides to restart a license, he will be responsible to provide a backed up SQL dump file that he has retained or to start over with program setup and usage.
Anoplex does not intentionally provide software or services to any company with an address in one of the ITAR Prohibited Countries. If your company has a facility in a country with restricted parties on the EAR Entity List, we will check to ensure that your company does not appear on the Entity List before providing website access.
Online use or download of any Anoplex program or documentation from the Anoplex website is evidence of a customer's agreement with these Terms & Conditions including bi-directional agreement to protect any non-public intellectual property that is exchanged in the course of business.