End User License Agreement
Software Subscription Terms and Conditions
Effective Date: 4/19/2026 | Last Updated: 4/19/2026
IMPORTANT – PLEASE READ CAREFULLY
BY PURCHASING, DOWNLOADING, INSTALLING, OR USING THIS SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE AND CONTACT US WITHIN 7 DAYS OF PURCHASE FOR A REFUND.
COMPANY CONTACT INFORMATION
For reference throughout this Agreement, the following Company information applies:
Company Name: EES Resources LLC
Mailing Address: P.O. Box 321, Franktown, CO 80116
Support Email: support@wellboregenie.com
Website: www.WellboreGenie.com
Governing State: Colorado, United States of America
All references in this Agreement to "Company Address," "support email," or similar contact references shall refer to the information listed above. You are responsible for keeping your own contact information current in your account.
1. PARTIES AND DEFINITIONS
These Terms and Conditions ("Agreement") are entered into between:
Licensor: EES Resources LLC, a Colorado-based business ("Company," "we," "us," or "our").
Licensee: The individual or entity who purchases or uses the Software ("you" or "your").
For purposes of this Agreement, the following definitions apply:
"Software" means the Microsoft Excel add-in product sold by the Company, including all updates, upgrades, associated files, and associated documentation.
"Subscription" means the time-limited license to use the Software purchased on a monthly or annual basis.
"Subscription Period" means the duration of your active, paid subscription.
"Device" means a single physical computer on which the Software is installed and used.
"Program Files" means all files installed by or associated with the Software on your Device, including the .xlam add-in file, the associated .xlsx data file, and any image, configuration, or supporting files installed to the same directory or any subdirectory on your computer.
"Output" or "Documents" means any files, documents, spreadsheets, schematics, diagrams, visuals, reports, or other content generated, created, or produced using the Software.
"Intellectual Property" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights in the Software.
2. ACCEPTANCE OF TERMS
By completing a purchase, downloading, installing, or using the Software in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement and all applicable laws. This Agreement constitutes the entire and exclusive agreement between you and the Company regarding the Software.
If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement. If you do not have such authority, you may not use the Software.
3. LICENSE GRANT AND RESTRICTIONS
3.1 License Grant
Subject to your compliance with this Agreement and timely payment of all applicable Subscription fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
Install and use one (1) copy of the Software on a single (1) Device that you own or control; and
Use the Software solely for your personal or internal business purposes during the active Subscription Period.
3.2 License Restrictions
You expressly agree that you will NOT:
Install or use the Software on more than one (1) Device simultaneously under a single Subscription;
Copy, reproduce, duplicate, or distribute the Software, its Program Files, or any portion thereof;
Sublicense, rent, lease, loan, sell, resell, transfer, or otherwise make the Software available to any third party;
Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software;
Remove, alter, or obscure any proprietary notices, labels, or marks on the Software or its Program Files;
Use the Software to develop a competing product or service;
Circumvent or attempt to circumvent any technical protection measures or license enforcement mechanisms;
Use the Software or its Outputs in any way that violates applicable laws or regulations, or that causes harm to any person or entity;
Use the Software to create, generate, or distribute any fraudulent, misleading, malicious, or harmful Output.
Any unauthorized use of the Software constitutes a material breach of this Agreement and may subject you to civil and criminal liability.
3.3 System Requirements and Compatibility
The Software is designed exclusively for use on the following system configuration:
Operating System: Microsoft Windows 10 or newer (Windows 10, Windows 11, or later supported versions);
Architecture: 64-bit (x64) versions of Windows only. The Software is NOT compatible with 32-bit operating systems;
Microsoft Excel: A valid, licensed installation of Microsoft Excel for Windows (64-bit) is required.
THE SOFTWARE IS NOT DESIGNED FOR, AND IS NOT COMPATIBLE WITH, APPLE MACOS, LINUX, MOBILE OPERATING SYSTEMS, OR ANY 32-BIT VERSION OF WINDOWS. You are solely responsible for ensuring your system meets these requirements prior to purchase. The Company makes no representations regarding compatibility outside of the above specifications and shall have no liability for any issues arising from use of the Software on unsupported systems or configurations.
3.4 Microsoft Excel Dependency
The Software operates as an add-in for Microsoft Excel for Windows. You are solely responsible for obtaining and maintaining a valid, licensed copy of Microsoft Excel. The Company is not responsible for any issues arising from your use of unlicensed, unsupported, or non-Windows versions of Microsoft products.
4. SUBSCRIPTION AND PAYMENT TERMS
4.1 Subscription Model
Access to the Software is provided on a subscription basis. Subscriptions are available on monthly or annual billing cycles as described at the time of purchase. Your Subscription begins on the date of purchase and renews automatically at the end of each Subscription Period unless cancelled in accordance with Section 4.4.
4.2 Fees and Billing
Subscription fees are charged in advance at the beginning of each Subscription Period.
All fees are stated in U.S. dollars and are exclusive of applicable taxes.
You are responsible for all applicable federal, state, and local taxes.
By providing payment information, you authorize the Company to charge your payment method for all fees due.
The Company reserves the right to change Subscription pricing upon thirty (30) days written notice. Written notice of pricing changes may be delivered via email to the email address provided by you at the time of subscription or as subsequently updated in your account. Continued use of the Software after the effective date of a price change constitutes acceptance of the new pricing.
4.3 Refund Policy
The Company offers a limited refund policy as follows:
You may request a full refund within seven (14) calendar days of your initial purchase date ("Refund Period").
Refund requests must be submitted in writing to support@wellboregenie.com within the Refund Period.
Refunds are not available after the Refund Period has expired.
Refunds are not available for renewal charges. It is your responsibility to cancel your Subscription before renewal if you do not wish to continue.
The Company reserves the right to deny refund requests if there is evidence of abuse of this policy.
4.4 Cancellation
You may cancel your Subscription at any time by contacting support@wellboregenie.com or through your account portal. Cancellation will take effect at the end of the current Subscription Period. You will retain access to the Software until the end of the paid Subscription Period. No partial refunds will be issued for the unused portion of a Subscription Period, except as provided in Section 4.3.
4.5 Failed Payments
If a payment fails, the Company will attempt to notify you using the contact information on file. If payment is not received within ten (10) days of the due date, your Subscription and access to the Software may be suspended or terminated without further notice.
5. INTELLECTUAL PROPERTY
5.1 Ownership
The Software and all of its Program Files, including all source code, object code, algorithms, design, architecture, documentation, graphics, spreadsheet files, image files, and all other components thereof, is and shall remain the exclusive property of the Company and its licensors. This Agreement does not convey to you any ownership interest in the Software or its Program Files, but only a limited right of use in accordance with the terms set forth herein.
5.2 Copyright Protection
The Software and all associated Program Files are protected by United States copyright law, international copyright treaties, and other intellectual property laws and treaties. You acknowledge that no title to the intellectual property in the Software is transferred to you. All rights not expressly granted in this Agreement are reserved by the Company.
5.3 Trademarks
All trademarks, service marks, trade names, logos, and other identifiers of the Company are and shall remain the exclusive property of the Company. Nothing in this Agreement grants you any right to use the Company's trademarks, service marks, or trade names without prior written consent.
5.4 Feedback
If you provide the Company with any feedback, suggestions, or recommendations regarding the Software ("Feedback"), you hereby grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and incorporate such Feedback into the Software or other products without any obligation to you.
6. DISCLAIMER OF WARRANTIES
THE SOFTWARE AND ALL PROGRAM FILES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
ANY WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
ANY WARRANTY THAT DEFECTS WILL BE CORRECTED;
ANY WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY OUTPUT, DOCUMENT, SCHEMATIC, DIAGRAM, OR VISUAL PRODUCED USING THE SOFTWARE;
ANY WARRANTY THAT THE SOFTWARE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, OPERATING SYSTEM, DATA, OR OTHER PROPERTY.
YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM THE SOFTWARE AND ANY OUTPUT IT PRODUCES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you in its entirety.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
7.1 Exclusion of Consequential and Output-Related Damages
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, ITS PROGRAM FILES, OR ANY OUTPUT PRODUCED USING THE SOFTWARE, INCLUDING WITHOUT LIMITATION:
LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF GOODWILL;
PERSONAL INJURY OR DEATH, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH HARM;
PROPERTY DAMAGE OF ANY KIND, INCLUDING DAMAGE TO PHYSICAL INFRASTRUCTURE, EQUIPMENT, OR SYSTEMS;
ANY HARM ARISING FROM THE USE, RELIANCE UPON, OR IMPLEMENTATION OF ANY DOCUMENT, SCHEMATIC, DIAGRAM, VISUAL, REPORT, OR OTHER OUTPUT PRODUCED BY OR WITH THE SOFTWARE, REGARDLESS OF THE INDUSTRY OR OPERATIONAL CONTEXT IN WHICH SUCH OUTPUT IS USED;
ANY HARM ARISING FROM ERRORS, OMISSIONS, INACCURACIES, OR DEFECTS IN ANY OUTPUT PRODUCED BY THE SOFTWARE;
ANY HARM ARISING FROM THE MISUSE, FRAUDULENT USE, OR UNAUTHORIZED USE OF THE SOFTWARE OR ITS OUTPUTS BY ANY PERSON;
DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, OPERATING SYSTEM, OTHER PROGRAMS, OR DATA CAUSED BY INSTALLATION OR USE OF THE SOFTWARE OR ITS PROGRAM FILES;
COST OF SUBSTITUTE GOODS OR SERVICES.
THE COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CONSEQUENCES ARISING FROM THE USE OR MISUSE OF ANY OUTPUT, DOCUMENT, SCHEMATIC, DIAGRAM, OR VISUAL PRODUCED USING THE SOFTWARE, WHETHER USED IN INDUSTRIAL, COMMERCIAL, OPERATIONAL, OR ANY OTHER CONTEXT. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND SUITABILITY OF ALL OUTPUTS BEFORE ACTING UPON THEM OR DISTRIBUTING THEM TO OTHERS.
7.2 Cap on Liability
THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7.3 Essential Basis
You acknowledge that the limitations of liability in this Section are an essential element of the basis of the bargain between the Company and you. The Company would not have entered into this Agreement without such limitations.
8. DATA STORAGE AND USER RESPONSIBILITY
8.1 No Database Functionality
THE SOFTWARE IS NOT DESIGNED, INTENDED, OR WARRANTED TO FUNCTION AS A DATABASE OR DATA MANAGEMENT SYSTEM. Any data storage capability within the Software is incidental and limited in nature. You acknowledge and agree that the Software is an Excel add-in tool and should not be relied upon as a primary or secure repository for any data, records, or information.
8.2 No Company Backup Obligation
THE COMPANY DOES NOT BACK UP, STORE, COPY, REPLICATE, OR MAINTAIN ANY DATA THAT YOU ENTER, SAVE, OR OTHERWISE STORE WITHIN THE SOFTWARE OR ITS ASSOCIATED PROGRAM FILES. The Company has no obligation, duty, or responsibility to preserve, recover, or restore any data associated with your use of the Software under any circumstances, including but not limited to software failure, subscription termination, updates, or any other event.
8.3 User Responsibility for Data and Program File Backup
YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR BACKING UP ALL DATA AND PROGRAM FILES ASSOCIATED WITH THE SOFTWARE. The Software installs Program Files to a specific location on your computer's C: drive, including the .xlam add-in file, an associated .xlsx data file, and supporting files such as image files. All such files are your responsibility to back up. This includes, without limitation:
Maintaining regular backups of your Microsoft Excel files and any data used in connection with the Software;
Backing up all Program Files, including the .xlam file, the associated .xlsx data file, and any image or supporting files installed in the same directory or subdirectory on your C: drive;
Storing backup copies in a secure location independent of the original installation directory;
Ensuring the integrity and availability of your data and Program Files through your own backup procedures;
Verifying that your backup methods are adequate for your business or personal needs;
Re-backing up all Program Files and data any time the Software is updated or reinstalled.
8.4 No Liability for Data Loss
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, CORRUPTION, DELETION, OR INACCESSIBILITY OF DATA OR PROGRAM FILES ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO:
Data or files lost due to software errors, bugs, crashes, or failures;
Data or files lost due to subscription expiration, suspension, or termination;
Data or files lost due to Software updates, reinstallation, or migration;
Data or files lost due to hardware failure, operating system issues, or Microsoft Excel errors;
Data or files lost due to any other cause, whether or not foreseeable.
YOU ASSUME ALL RISK ASSOCIATED WITH THE STORAGE OF ANY DATA WITHIN OR IN CONNECTION WITH THE SOFTWARE AND ITS PROGRAM FILES. The Company strongly recommends that you maintain independent, regular backups of all important data and Program Files and not rely on the Software as your sole or primary means of data storage.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your use of or inability to use the Software;
Your violation of this Agreement;
Your violation of any applicable law or regulation;
Your violation of any rights of a third party;
Any data or content you process using the Software;
Any Output, document, schematic, diagram, visual, report, or other content produced using the Software, including any use of such Output by you or any third party to whom you provide it;
Any misuse of the Software or its Outputs to create fraudulent, misleading, harmful, or malicious content, or any Output that contributes to financial loss, criminal activity, personal injury, death, or property damage;
Any reliance by any person on any Output produced using the Software without independent verification of its accuracy and suitability.
10. TERMINATION
10.1 Termination by You
You may terminate this Agreement at any time by cancelling your Subscription in accordance with Section 4.4 and uninstalling the Software from your Device. Cancellation requests must be submitted in writing to support@wellboregenie.com
10.2 Termination by the Company
The Company may suspend or terminate this Agreement and your license to use the Software immediately upon written notice if:
You breach any provision of this Agreement and fail to cure such breach within ten (10) days after receiving written notice thereof;
You fail to pay any Subscription fees when due;
The Company reasonably determines you have engaged in fraudulent or illegal activity;
The Company discontinues the Software (with thirty (30) days prior notice where practicable).
10.3 Effect of Termination
Upon termination or expiration of this Agreement for any reason:
Your license to use the Software immediately and automatically terminates;
You must immediately uninstall and destroy all copies of the Software and its Program Files in your possession;
All Output, documents, schematics, diagrams, and other materials produced using the Software prior to termination remain subject to this Agreement, and you may not use, distribute, or rely upon such Output in violation of any applicable law or in a manner that would give rise to a claim against the Company;
All provisions of this Agreement that by their nature should survive termination shall survive, including Sections 5 (Intellectual Property), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Data Storage), 9 (Indemnification), and 11 (Governing Law).
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
11.2 Jurisdiction and Venue
You agree that any legal action or proceeding arising out of or relating to this Agreement or the Software shall be brought exclusively in one of the following courts, and you hereby consent to the personal jurisdiction and venue of such courts:
For state court matters: The District Court for Douglas County, Colorado; or
For federal court matters: The United States District Court for the District of Colorado.
You waive any objection to the laying of venue in any such court and waive any claim that such court is an inconvenient forum.
11.3 Informal Resolution
Before filing any formal legal claim, you agree to first contact the Company at support@wellboregenie.com and attempt to resolve the dispute informally for a period of thirty (30) days. This informal resolution requirement does not apply to claims for injunctive or other equitable relief.
11.4 Waiver of Class Action
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
12. UPDATES AND MODIFICATIONS
12.1 Software Updates
The Company may, at its sole discretion, provide updates, upgrades, patches, bug fixes, or new versions of the Software during your Subscription Period. Such updates, if provided, are subject to this Agreement. The Company is under no obligation to provide any updates or enhancements.
12.2 Modifications to This Agreement
The Company reserves the right to modify this Agreement at any time. We will notify you of material changes by posting the updated Agreement on our website at www.WellboreGenie.com and/or via email to the address associated with your account. Your continued use of the Software after the effective date of any changes constitutes acceptance of the revised Agreement. If you do not agree to the changes, you must cancel your Subscription before the effective date.
13. GENERAL PROVISIONS
13.1 Entire Agreement
This Agreement constitutes the entire agreement between you and the Company regarding the Software and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the Software.
13.2 Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this Agreement shall continue in full force and effect.
13.3 Waiver
No failure or delay by the Company in exercising any right under this Agreement shall constitute a waiver of that right. No waiver of any breach shall be deemed a waiver of any subsequent breach of the same or any other provision.
13.4 Assignment
You may not assign or transfer this Agreement or any rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the Company. The Company may freely assign this Agreement without restriction. Any attempted assignment in violation of this Section shall be null and void.
13.5 Notices
All notices to the Company under this Agreement must be in writing and sent to P.O. Box 321, Franktown, CO 80116 or support@wellboregenie.com. The Company may provide notices to you via email to the address associated with your account. Notices are effective upon receipt.
13.6 Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including natural disasters, acts of government, pandemics, internet outages, or other force majeure events.
13.7 Export Compliance
You agree to comply with all applicable U.S. export laws and regulations. You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited parties.
13.8 Headings
Section headings in this Agreement are for convenience only and have no legal or contractual effect.
14. ACKNOWLEDGMENT AND ACCEPTANCE
BY PURCHASING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
Company: EES Resources LLC
Address: P.O. Box 321, Franktown, CO 80116
Email: support@wellboregenie.com
Website: www.WellboreGenie.com