Anoplex Software EULA, Terms and Conditions
This Agreement is posted on August 26, 2025 (Effective Date), may be updated from time to time, and is between Anoplex Software (Anoplex) and the Anoplex customer (Customer) who accesses and/or uses any Anoplex program. This Agreement is in effect from the first use of any Anoplex program until all program usage is discontinued by Customer. Section 7.0, which covers protection of intellectual property and trademarks, remains in force indefinitely. The access or use of any Anoplex program implies that this Agreement has been read and accepted in its entirety.
Anoplex offers access to cloud-based programs and data that are hosted by services such as Google Cloud Platform or other similar services (Services) in use by Anoplex: this is referred to as “Software as a Service” or SaaS (Software). The Software is accessed from the public Internet. Customer agrees to pay a monthly license fee to allow access and use of the Software. Customer is responsible for providing the equipment and services used for access to the Internet, including computer(s), tablet(s), browser(s) and Internet access. While payments remain up-to-date, Customer will be granted access to the Software. Access will be limited to a single database, database segment, or other technology storing Customer data which are used at a single facility or multiple facilities located in the same time zone. An unlimited number of users are granted access to the Software, and performance available to each user will be determined by limits imposed by Customer’s Internet connection and routing, on-site equipment, and the Services. Each Customer will be provisioned with one gigabyte of online storage, which is sufficient to hold approximately five years of records for a metal finishing company that receives, processes, and ships 2,000 jobs each month.
Anoplex Software offers the ability for Customer to download database backups. Customer is responsible for keeping backups in safe storage. The Software offers the ability for Customer to upload documents to cloud storage: uploaded files are not backed up by Anoplex or Services. Neither Anoplex nor Services have control over power failures, hardware failures, cyberattacks or other events that might cause loss of data. Customer is responsible to download backups on a regular basis, to protect them in local storage or in Customer’s cloud-based tools, and to keep and protect copies of any uploaded documents.
Anoplex is not responsible for the security, performance, reliability or usability of Customer’s Internet connection, Internet routing, local network operation, web browsers, operating systems, or other equipment or service that is outside of Anoplex control.
Typical Nadcap work requires record retention of 10 years, and contracts often specify longer time periods. Customer acknowledges that neither online data in the cloud, database backups, nor even routers scanned to image files are sufficient to satisfy these record retention requirements. The Software provides the ability to download and save signed-off routers, certificates, and other records in either printed form or as secure file formats for saving in secure storage. Ensuring proper procedures for record retention is Customer's responsibility.
Anoplex does not intentionally provide software or services to any company with an address in one of the ITAR Prohibited Countries. If a company has a facility in a country with restricted parties on the EAR Entity List, we will ensure that the company does not appear on the EAR Entity List before providing access to the Software.
Information sent to and from the Customer site is encrypted in-transit and at rest from the time it leaves the Customer’s site until the time it is returned. This encryption meets FIPS 140-2 requirements for both in-transit and at-rest data. However, neither Anoplex nor Services can guarantee Customer compliance with government regulations concerning data security or access. Services are audited for conformance with various government regulations; however, protection and proper use of government-controlled data and compliance with government regulations is Customer's responsibility.
Anoplex will send an invoice to Customer as a PDF attachment to email as soon as possible after the first day of each quarter. Any early-payment discounts are automatically applied if payment for the previous invoice was received within 30 days of the date that the previous email was sent. Customer must notify Anoplex of the proper email addresses for invoice submission and ensure that invoice emails are not blocked by spam filters or disregarded. Anoplex will assume that invoices are received unless a non-delivery notice is received from Customer’s email provider. The Software license is terminated if an invoice remains unpaid for more than 90 days for any reason. Anoplex reserves the right to not accept credit card payments, to not submit invoices through portals, and to not work with any type of online payment system.
Online training and support for Anoplex software is available by appointment between the hours of 7 AM and 5 PM US Pacific Time. Online support includes voice conferencing and screen sharing. Customer must ensure that no security device prevents operation of the screen sharing tools used for online training or support. If calls to cell phones are initiated from outside the US and result in charges, those charges will be invoiced to Customer, and Customer agrees to cover those charges. All support is done using English: international locations should have an English-speaking translator on all calls. Questions on program operation can be submitted to support@anoplex.com, and Anoplex 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 screen shot(s) of error messages or any relevant program operation.
To provide support, Anoplex may require access to Customer’s data when requested and approved by Customer. Anoplex treats all information that is not in the public domain as confidential. This includes, but is not limited to, statistical results, chemical mixes, test methods, customer lists, router steps, work instructions, and audit results. Anoplex will sign reasonable, bi-directional non-disclosure agreements if required by 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. For example, anodizing and plating procedures, makeup and operating concentrations for metal finishing processes, volumetric test methods, gravimetric test methods, and other methods of testing for chemical concentration have been in the public domain for decades.
Customer is 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 discontinued. Customer agrees to pay all invoices sent prior to our receipt of notification of termination. After a program has been in use, 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. We reserve the right to discontinue all promotional discounts and to issue new licenses at prevailing price for new customers.
Customer understands and agrees that Anoplex has the responsibility to delete all database files, uploaded files, and any user data stored in cloud storage or managed databases. If Customer decides to restart a license, he will be responsible to provide a backup file that he has retained or to start from scratch with program setup and usage.
Anoplex’s total aggregate liability arising out of or relating to this Agreement is limited to the total fees paid by Customer to Anoplex for the three-month period preceding the first event giving rise to liability. Anoplex shall not be liable to Customer for any consequential, incidental, indirect, special, punitive or other similar claims, liabilities, damages, actions, costs or expenses (including lost profits) arising out of or in connection with this Agreement. Customer is responsible to determine suitability of the Software for Customer’s application, and Anoplex makes no claim to suitability of the Software for any purpose.
Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall be referred to Anoplex and Customer senior management for good faith discussion and resolution. If any dispute, controversy, or claim cannot be resolved by such good faith discussion between the parties, then each shall have all remedies available to them at law and in equity.
This Agreement constitutes the entire agreement of the Parties as to the subject matter covered unless a signed, written agreement that supercedes this Agreement is in force.