END USER LICENSE AGREEMENT
FOR COMPUTER SOFTWARE PRODUCTS AND RELATED SERVICES

1. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between Anchor Software, LLC (Anchor) and Customer related to the use of Products purchased via Amazon Web Services (AWS) for the term stated therein.  Customer has not been induced to enter into this Agreement by any representations or promises not specifically stated on AWS. Anchor may modify this Agreement at any time, as would be represented on AWS. 

2. RESTRICTED USE. Anchor retains title to, and ownership of, the Anchor Products. It is expressly stipulated that Anchor Products constitutes Anchor proprietary information and trade secrets, whether or not all or part of said Anchor Products are validly copyrighted or patented.  The Customer shall not sell, sub-license, transfer, publish, disclose, archive, display, or otherwise make available the Product(s) or copies thereof to others.  The Customer is prohibited from using any trademarks or service marks belonging to Anchor, without prior written permission. The Customer is prohibited from any unauthorized use of the Products.  

3. NO WARRANTIES.  THERE ARE NO WARRANTIES FOR USE OF THE PRODUCTS EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM CUSTOM AND USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, EACH OF WHICH IS EXPRESSLY DISCLAIMED.

4. LIMITED LIABILITY.  Anchor will not be liable for direct, indirect, special, incidental, consequential, or other similar damages arising out of use of, or inability to use the Product(s), even if Anchor is advised of the possibility of such damages. In no event shall Anchor be liable for any lost profits, or other special, consequential or punitive damages, even if Anchor has been advised of this possibility of such damages, or for any claim against Customer by any other party. 

5. GENERAL PROVISIONS 

a. APPLICABLE LAW.  All disputes shall be settled under the laws of and in the State of Texas and any suit to enforce this Agreement shall be maintained in Collin County, Texas.  In the event that any part of this Agreement shall be found to be illegal or in violation of public policy, or any other reason unenforceable in law, such findings shall in no event invalidate the other parts of this Agreement.  No action, regardless of form, arising out of this Agreement may be brought by either party more than three (3) years after the aggrieved party has knowledge of the occurrence which gives rise to the cause for such action.  This Agreement may not be changed orally but only by an Agreement in writing which specifically refers to this Agreement and which is signed by each of the parties hereto. 

b. INDEMNIFICATION.  Except as otherwise provided herein, Customer indemnifies and holds Anchor harmless from any costs, expenses, all third party claims or liabilities resulting from Customer's use of the Product(s).

c. ENCUMBRANCE.  Licensee shall not pledge, encumber, create a security interest in, or permit any lien to become effective on any Anchor property.
          
d. CAPTIONS AND HEADINGS.  All titles, headings and captions contained in this Agreement are for convenience and reference purposes only and shall not be deemed a part of this Agreement.

e. SURVIVAL.  The Customer must comply with all the terms and conditions as set in this Agreement, which shall survive any termination or expiration of the Agreement.

f. USE OF CUSTOMER INFORMATION.  Anchor or its affiliated companies may use Customer's name, trade name, and logos associated with the Customer for marketing and reference purposes (collateral materials, customer lists, advertising, etc.).

g. FORCE MAJEURE.  Anchor shall not be liable for delay or failure to perform, when such delay or failure is caused by fire, flood, any act of God, governmental order or regulation or any other causes beyond their control.

h. BENEFIT.  This Agreement shall be binding upon and inure to the benefit of Anchor's successors and assigns.

i. NON-WAIVER OF RIGHTS. Any failure or delay on the part of Anchor to exercise or require performance of any of the terms, covenants, provisions, remedies or rights under this Agreement shall not operate as a waiver of any of its rights under the Agreement. No forbearance by Anchor to exercise any rights or privileges under this Agreement shall be construed as a waiver, but all rights and privileges shall continue in effect as if no forbearance had occurred. Any such written waiver of any of the terms and conditions of this Agreement shall be effective only for a specific instance and the specific purpose given.