End-User License Agreement (EULA)

1. Definitions

• "Seat" means one license for one named user, used on one computer at a time.
• "Team" means a group of Seats bought under one account and managed by a "Master User."
• "Subscription Term" means the paid billing period you select (for example, monthly, 3, 6 or 12 months) and each renewal.
• "Trial" means the free 30-day evaluation period, and "Limited Mode" means the reduced feature set available after a Trial ends without purchase.
• "Your Data" means the estimates, projects, prices, contacts and other content you enter into or create with the Software.

2. License Grant

2.1. Subscription License

Subject to this Agreement and payment of the applicable fees, Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the Software during the Subscription Term, for your internal business purposes related to flooring estimating, on one computer at a time per Seat.

2.2. Trial and Limited Mode

A Trial is provided free, for evaluation only, once per person and computer. After the Trial, the Software may continue in Limited Mode with reduced features until you purchase a license. Trial and Limited Mode are provided "AS IS" without any warranty or support commitment.

2.3. Team Licenses

The Master User may invite users, assign, remove and move Seats, and manage billing for the Team. A removed user's Seat continues until the date shown in the Software, after which that computer opens read-only. Each Seat may be used by only one named user. Seats may not be shared or rotated among users.

2.4. Moving a Seat

You may move a Seat to another computer you control using the Software's "Move it here" function. The previous computer then opens read-only. Moving Seats back and forth to avoid buying additional licenses is a breach of this Agreement.

2.5. Reservation of Rights

The Software is licensed, not sold. All rights not expressly granted in this Agreement are reserved by Licensor.

3. Restrictions

You shall not, and shall not allow anyone else to:

• Copy, distribute, sublicense, sell, rent, lease or lend the Software, or use it to provide estimating services to third parties as a service bureau or time-sharing arrangement. You may deliver your own estimates and reports to your customers.
• Modify, translate, reverse engineer, decompile or disassemble the Software, or create derivative works from it, except to the extent applicable law expressly permits despite this restriction.
• Bypass, disable or interfere with license keys, activation, online verification, Seat limits, Trial limits or any other technical protection.
• Share license keys, Seats, account credentials or support codes with anyone not licensed to use them.
• Remove, alter or obscure any copyright, trademark or other proprietary notice.
• Use the Software, its calculations, templates or design to build or train a competing product.
• Use the Software in violation of any law.

4. Copyright and Intellectual Property

The Software, including its source and object code, calculations, worksheets, templates, screen layouts, reports, documentation and visual design, is an original work of authorship owned by Commercial Flooring Estimating LLC and is protected by United States copyright law and international treaties. The Software is registered with the United States Copyright Office under Registration Number TXu002460289. CFE and CFE - Advanced Estimating Worksheet are trademarks of Commercial Flooring Estimating LLC.

Unauthorized copying, distribution, modification or reverse engineering of the Software may result in civil liability, including statutory damages and attorney's fees under 17 U.S.C. §§ 504 and 505, and criminal penalties under 17 U.S.C. § 506. Under current U.S. law, statutory damages for infringement of a registered work range from $750 to $30,000 per work, and up to $150,000 per work for willful infringement, in addition to attorney's fees and court costs.

You also agree that each unauthorized installation, copy or shared Seat will be charged the full then-current license fee for the entire period of unauthorized use, as a reasonable estimate of Licensor's lost license revenue and not as a penalty. Licensor will enforce its rights to the fullest extent permitted by law.

5. Activation and License Verification

The Software requires an internet connection to start a Trial, activate a license and periodically confirm license status. If the Software cannot confirm your license for more than 7 days, or if your license is invalid, expired, cancelled or in use on another computer, the Software may open in read-only mode until the license is confirmed. You consent to these checks and agree that they are a condition of the license.

6. Subscriptions, Billing and Cancellation

6.1. Payment Processor

Purchases are processed by Lemon Squeezy, which acts as the merchant of record and handles payment, sales tax and receipts. Lemon Squeezy's terms and refund policy also apply to your purchase.

6.2. Automatic Renewal

YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH SUBSCRIPTION TERM FOR THE SAME LENGTH OF TIME, AND THE PAYMENT METHOD ON FILE WILL BE CHARGED THE THEN-CURRENT PRICE UNTIL YOU CANCEL. The Software shows your renewal date and plan. We will give notice of any price change before it takes effect.

6.3. How to Cancel

You may cancel at any time from the License screen in the Software (About > License) or by emailing estimator@commercialflooringestimating.com. Cancellation stops future renewals. The Software keeps working until the end of the current Subscription Term, and you may turn auto-renew back on before that date.

6.4. Refunds

Fees are non-refundable except as required by applicable law or as provided in Lemon Squeezy's refund policy.

6.5. Team Billing

For a Team, the Master User is responsible for all Seat fees. Added Seats are billed as shown at checkout.

6.6. Referral Rewards

Referral credits and free months are promotional, have no cash value, may be limited per year, and may be changed or ended at any time without affecting rewards already earned.

7. Expiry and Read-Only Mode

If your subscription ends or is cancelled, or a Team Seat is removed, the Software opens in read-only mode after the end date. You can still open, view and print your existing estimates, and Your Data stays on your computer. Full functions return when you renew or activate a license.

8. Updates and Support

8.1. Automatic Updates

The Software checks for updates automatically and may download and install updates, fixes and new features. You consent to these automatic updates. Updates are part of the Software and are governed by this Agreement unless they come with separate terms. We may add, change or remove features, but we will not intentionally remove your ability to open your existing estimates.

8.2. Support

Licensor offers limited support for the Software. Support requests can be sent to estimator@commercialflooringestimating.com.

9. Your Data

You own Your Data. The Software stores Your Data on your computer, or in a cloud folder you choose. We do not access, view or sell Your Data. You are responsible for backing up Your Data. If you connect a third-party service such as Google Drive, Gmail or Microsoft Outlook, you authorize the Software to use that service on your behalf only for the functions you choose (for example, saving files or sending an estimate by email), and that provider's terms and privacy policy apply.

10. Privacy

To license, activate, secure and support the Software, we collect and process limited information: your email address when you start a Trial or buy a license; your license key and subscription status; a computer identifier and computer name used to enforce Seat limits; license check-in times and the Software version; and, only when you choose to send a rating, feedback or support request, your name, email, company, phone number, comments and basic usage counts (such as number of sign-ins, quotes and days used). Payment card details are handled by Lemon Squeezy and are not received by us.

We use this information only to provide, license, secure, support and improve the Software and to contact you about your account. We do not sell or share your personal information for advertising. California residents may request access to or deletion of their personal information by emailing estimator@commercialflooringestimating.com.

11. Estimating Results Disclaimer

The Software is a tool to help you prepare estimates. Quantities, waste factors, labor rates, material prices, totals, proposals and other results depend on the information you enter and on your professional judgment. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING EVERY ESTIMATE, BID, PROPOSAL AND INVOICE BEFORE YOU RELY ON IT OR SEND IT TO ANYONE. Licensor is not responsible for errors in Your Data, for pricing or quantity mistakes, or for any bid won, lost, underpriced or overpriced using the Software.

12. Third-Party Components and Services

The Software includes third-party components, such as Microsoft WebView2, .NET, SQLite, QuestPDF, PDF.js and open-source fonts, that are licensed under their own terms, listed on the About screen. Third-party services, including Lemon Squeezy, Google and Microsoft, are not controlled by Licensor, and Licensor is not responsible for them.

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ITS RESULTS WILL BE ACCURATE OR RELIABLE.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST BIDS, LOST DATA, BUSINESS INTERRUPTION OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) LICENSOR'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SOFTWARE OR THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID FOR THE SOFTWARE IN THE 12 MONTHS BEFORE THE CLAIM AROSE. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

15. Indemnification

You agree to defend, indemnify and hold harmless Licensor and its members, employees and agents from any claims, damages, losses and expenses, including reasonable attorney's fees, arising from your use of the Software, Your Data, any estimate or bid you prepare with it, or your breach of this Agreement.

16. Term and Termination

This Agreement lasts until terminated. Licensor may suspend or terminate your license immediately if you breach this Agreement, including Section 3, or fail to pay. Upon termination you must stop using the Software and delete all copies, except that you may keep copies of Your Data. Sections 3, 4, 9 through 15, 17 and 19 survive termination.

17. Governing Law, Venue and Attorney's Fees

This Agreement is governed by the laws of the State of California and applicable United States federal law, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute will be resolved exclusively in the Superior Court of California, County of Placer, or the United States District Court for the Eastern District of California (Sacramento). You consent to the personal jurisdiction of those courts and waive any objection to venue there, including inconvenient forum. Licensor may seek injunctive relief in any court to protect its intellectual property.

In any action to enforce this Agreement, the prevailing party is entitled to recover its reasonable attorney's fees, expert fees and court costs.

18. Changes to this Agreement

We may update this Agreement from time to time. Each version has its own version number and effective date. For material changes, the Software will show you the new version and ask you to accept it before you continue using the Software. Changes do not apply to disputes that arose before the change.

19. General

• Entire agreement. This Agreement is the entire agreement about the Software and replaces all prior agreements, including EULA v1.0. A copy is published at https://www.commercialflooringestimating.com/terms.html. If the two ever differ, the version you accepted in the Software controls.
• Severability. If any provision is found unenforceable, it will be enforced to the maximum extent possible and the rest of this Agreement stays in effect.
• No waiver. Failing to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign this Agreement without our written consent. We may assign it in connection with a merger, acquisition or sale of assets.
• Feedback. If you send suggestions or feedback, we may use them without obligation to you.
• Export. You will comply with U.S. export laws and will not use or export the Software where prohibited.
• U.S. Government users. The Software is "commercial computer software" licensed to government users only under the terms of this Agreement.
• Notices. We may give notices in the Software or by email to the address on your account. You may send notices to the contact below.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.

20. Contact Information

For questions about this EULA, please contact:

Commercial Flooring Estimating LLC

Email: estimator@commercialflooringestimating.com

Phone: +1 (916) 802-5127