End User License Agreement

StormDesigner Desktop Software and Autodesk Civil 3D Plugin

Version 1.0 · Effective Date: September 16, 2026

This End User License Agreement (the “Agreement”) is a contract between you and David Book, doing business as StormDesigner (“StormDesigner,” “we,” “us,” or “our”). It governs your install, activation, and use of the StormDesigner desktop application, the StormDesigner plugin for Autodesk Civil 3D, related documentation, and updates we provide (the “Software”).

By installing, activating, or using the Software, you agree to this Agreement. If we present an “I Agree” or similar control, clicking it is also acceptance. If you do not agree, do not install or use the Software.

If you accept for a company, you represent that you have authority to bind that company.

1. Definitions

Authorized User means the named person for whom a seat was purchased. A seat is a License Key. The Software has no login or team-account system.

Civil 3D Plugin means the StormDesigner add-in that runs inside Autodesk Civil 3D.

License Key means the Polar license key, or a successor credential, that enables the Software for one Authorized User.

Order means the Polar checkout page, invoice, or other ordering document for your purchase or renewal.

Project Files means drawings, catchment data, hydrographs, pond models, pipe networks, reports, and other files you create with the Software.

Subscription Term means the paid yearly period shown on your Order.

2. License

The Software is licensed, not sold. We retain all intellectual-property rights in the Software.

Subject to payment and this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license, during the Subscription Term, to:

Each License Key may be active on one computer at a time. Activating the same key on another computer is refused while the first activation remains in force. You may not share a key, run a floating or concurrent pool, or use a generic team credential. Studio seats are separate keys (ten per Studio order), not a concurrent license. To move a key to a replacement person or computer, use Polar or email support@stormdesigner.net.

If we issue a trial or evaluation license, it is to evaluate the Software and expires on the date we specify (or 30 days if none is specified). A trial is not a paid purchase.

All rights not granted are reserved. No implied licenses.

3. Restrictions

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

4. Autodesk Civil 3D and third-party data

The Civil 3D Plugin does not include Autodesk Civil 3D, AutoCAD, or any Autodesk license. You must keep a valid Autodesk license for any Autodesk product in which the Plugin runs. We are not affiliated with, endorsed by, or a partner of Autodesk unless we say so in writing. Autodesk, Civil 3D, and AutoCAD are trademarks of Autodesk, Inc.

Certain modules include catalog data or design aids for third-party manufactured products, including Advanced Drainage Systems StormTech or similar systems. Those materials are a convenience. Manufacturer specifications, local approvals, and current product literature control. We do not warrant that catalog data is complete, current, or accepted by every reviewing agency.

The Software may include third-party or open-source components under their own licenses. Those terms govern those components.

5. Ownership; Project Files; feedback

We own the Software, documentation, License Keys, user interface, calculation engines, report templates, and copies and improvements of those items.

You own Project Files you create. You are responsible for backing them up. We do not host, store, or recover your drawings or calculation files.

If you send ideas, error reports, or suggested improvements, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use that feedback without obligation or attribution.

6. Professional use

StormDesigner is a calculation and drafting aid for qualified professionals. It is not a substitute for independent engineering judgment, a professional engineer’s seal, or the applicable drainage manual, agency standard, or code.

Outputs (including hydrographs, peak discharges, pond routing, pipe and ditch sizing, inlet bypass, water-quality estimates, CAD linework, and calculation reports) are computational results based on the inputs, methods, and options you select.

You are solely responsible for selecting appropriate methods (including SCS unit hydrograph parameters, rainfall distributions, curve numbers, times of concentration, routing methods, and safety factors) and for confirming that those methods are accepted by the reviewing jurisdiction, including, where applicable, NCDEQ, NCDOT, county, and municipal reviewers.

You will independently check results before relying on them for design, permitting, construction, or public safety.

Only a licensed professional engineer, or other licensee authorized under applicable state law, may seal, stamp, or take responsible charge of documents produced with the Software. That person, not StormDesigner, assumes professional responsibility.

We do not practice professional engineering on your behalf, do not supervise your projects, and do not certify that any particular design meets code, floodplain, stormwater, or MS4 requirements.

Field conditions, as-built variations, blocked inlets, debris, climate, and construction quality can cause performance to differ from modeled results.

If your use is subject to state engineering-practice acts, you will comply with those acts, including any duty to use software under responsible charge.

7. Fees, renewal, and taxes

License fees, seat counts, and billing periods are set out in your Order, including purchases through Polar or stormdesigner.net. Polar Software Inc. (“Polar”) is merchant of record for checkout, tax, and license-key delivery. Fees are due in advance of the Subscription Term.

Paid licenses are term subscriptions, not perpetual licenses. If checkout states that the subscription renews automatically, it renews for successive terms of equal length at the then-current price (or the price stated in the Order) unless you cancel before the renewal date through Polar or by emailing support@stormdesigner.net. Renewal notices and cancellation for the paid order are described in the Terms of Sale and in Polar’s checkout terms.

Refunds are governed by the StormDesigner Terms of Sale and Refund Policy at https://www.stormdesigner.net and by non-waivable law. Polar may also issue a refund under its checkout terms or card-network rules. Except as that policy, Polar, an Order, or law provides, fees for unused seats, mid-term cancellation, or dissatisfaction after the applicable refund window has closed are not refunded. Cancellation of auto-renewal stops future charges; it does not, by itself, refund the current Subscription Term.

Fees exclude taxes Polar does not collect. You are responsible for those taxes, other than taxes on our net income.

We may suspend License Keys if fees are past due until amounts are paid.

8. Activation and updates

The Software requires online activation and periodic license validation over the internet. You authorize us to transmit your License Key, a machine identifier, the computer name, and an activation identifier to our license service and to Polar. Rechecks occur while the Software is in use. If validation cannot be completed, a limited offline grace period applies after the last successful check (currently 7 days). After that, the seat will not remain in good standing until a check succeeds.

We may offer updates. The Software prompts you to update and lets you choose “Not right now.” We do not silently force-install updates. We may condition continued use or license validation on a reasonably current version when required for security, license compatibility, or a supported Civil 3D or Windows release. Updates are part of the Software and are licensed under this Agreement unless accompanied by additional terms. We do not guarantee that every prior file format, Civil 3D version, or Windows version will remain supported.

During a Subscription Term we may add, change, or discontinue features. We will not gut the core licensed functionality of the edition you paid for during that Term, except where required by law, a third-party licensor, or a security issue.

9. Support

Unless an Order states a separate support plan, support is email to support@stormdesigner.net during the paid Subscription Term, as further described in the Terms of Sale. Support does not include custom engineering, model review, agency negotiation, or training unless separately purchased. We do not guarantee response times or that every defect will be corrected.

10. Privacy

We collect what is required to activate and maintain your seat. The Software transmits your License Key, a machine identifier, the computer name, and an activation identifier. Unhandled exceptions are written to a local log on your computer and are not sent to us unless you attach that log to a support request. We do not currently collect crash telemetry or usage analytics from the desktop application.

Personal information is handled as described in our Privacy Policy at https://www.stormdesigner.net. Project Files remain on your systems unless you choose to send them to us. Do not send client medical files, passwords, or classified material in support mail.

11. Confidentiality

License Keys, non-public pricing, beta features, and any non-public technical information we disclose to you are our confidential information. You will not disclose them except to employees and contractors who need to know and are bound by confidentiality obligations at least as protective as this Section. This Section does not apply to information that is public through no fault of yours, independently developed, or rightfully received from a third party without a duty of confidentiality.

12. Disclaimer of warranties

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SOFTWARE, DOCUMENTATION, CATALOG DATA, AND SUPPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, COMPATIBLE WITH EVERY AUTODESK, WINDOWS, OR THIRD-PARTY RELEASE, OR THAT CALCULATED RESULTS WILL MATCH ANOTHER PROGRAM, A SPREADSHEET, A REVIEWING AGENCY’S SPREADSHEET, OR FIELD MEASUREMENTS. WE DO NOT WARRANT THAT USE OF THE SOFTWARE WILL RESULT IN AGENCY APPROVAL, A PERMIT, OR A PARTICULAR HYDROLOGIC OR HYDRAULIC OUTCOME.

Some jurisdictions do not allow the exclusion of implied warranties. In those jurisdictions, implied warranties are limited to the greater of 30 days from first installation or the minimum period required by law. This Section does not affect non-waivable consumer rights that apply to you.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL STORMDESIGNER OR ITS SUPPLIERS, OFFICERS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, PROJECT FILES, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SOFTWARE, FAILED PERMITS, CONSTRUCTION DELAYS, REDESIGN COSTS, FLOODING, PROPERTY DAMAGE, OR THIRD-PARTY CLAIMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID FOR THE SOFTWARE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US $100).

These limits do not apply to liability that cannot be limited under applicable law, including liability for death or personal injury caused by our gross negligence or for our fraud or willful misconduct. These limits are a material basis of the bargain.

Because the Software is used in professional design, you should maintain professional liability (errors and omissions) insurance appropriate to your practice. Our liability cap is not a substitute for that insurance.

14. Indemnification

You will defend, indemnify, and hold harmless StormDesigner and our officers, contractors, and agents from claims, damages, losses, and reasonable attorneys’ fees arising out of: (a) your Project Files, designs, stamped deliverables, or construction; (b) your misuse of the Software or violation of this Agreement; (c) your failure to verify results or to comply with professional-licensing or agency requirements; or (d) your combination of the Software with products, data, or methods we did not supply. We will give prompt notice of a claim and reasonable cooperation, at your expense. You may not settle a claim that imposes any obligation on us other than payment of money you fund, without our prior written consent.

15. Term and termination

This Agreement starts when you first accept it or first use the Software, and continues for the Subscription Term and any renewal, unless ended earlier.

You may stop using the Software and cancel auto-renewal as described in the Terms of Sale. Cancellation stops future renewal charges. It does not refund the current Term except as the Terms of Sale or law requires.

We may end this Agreement and disable License Keys immediately if you materially breach this Agreement (including non-payment, license-key sharing, reverse engineering, or circumvention) and, if the breach is curable, you fail to cure within 10 days after notice. We may also end this Agreement if required by law or if we discontinue the Software. If we discontinue the Software during a paid Term, we will refund a pro-rata portion of prepaid unused fees for the discontinued portion.

Upon expiration or termination, the license ends. You must stop using the Software and uninstall it. You may retain Project Files you created. Sections 3, 5, 6, 11, 12, 13, 14, 15, 16, 17, and 18 survive.

16. Export and government rights

The Software is subject to U.S. export-control and sanctions laws. You will not export, re-export, or use the Software in any embargoed country or for any prohibited end use, or by any denied-party list person. If you are a U.S. government end user, the Software is “commercial computer software” and “commercial computer software documentation” under FAR 12.212 and DFARS 227.7202, and your rights are only those granted to other licensees under this Agreement.

17. Governing law and disputes

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

Subject to any non-waivable rights you may have, the state courts of Henderson County, North Carolina, and the United States District Court for the Western District of North Carolina, have exclusive jurisdiction over disputes arising out of this Agreement, and each party consents to personal jurisdiction there. Nothing in this Agreement waives the right to a jury trial. Under N.C. Gen. Stat. § 22B-10, contractual jury-trial waivers are unenforceable in North Carolina.

Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property, License Keys, or confidential information.

Before filing a lawsuit (other than for injunctive relief), the complaining party will send written notice and the parties will attempt in good faith to resolve the dispute for 30 days.

18. General

This Agreement, your Order, and the StormDesigner Terms of Sale and Refund Policy are the entire agreement regarding the Software and supersede prior proposals and communications. If an Order conflicts with this Agreement, the Order controls only for fees, seat count, and Subscription Term. The Terms of Sale control refunds, billing, and delivery of the paid order. This Agreement controls license rights, permitted use, professional reliance, and ownership. Purchase-order or vendor-portal terms you issue are rejected unless we sign them.

We may update this Agreement by posting a new version at https://www.stormdesigner.net and in the Software. The updated terms apply to new purchases immediately. For an existing Subscription Term, material adverse changes apply on the next renewal or after we give at least 30 days’ notice, unless a change is required by law. Continued use after the effective date of an update constitutes acceptance.

You may not assign this Agreement or transfer License Keys without our prior written consent, except to a successor in a merger or sale of substantially all of your assets if the successor agrees in writing to be bound and is not our competitor. We may assign this Agreement to an affiliate or a successor. Any attempted assignment in violation of this Section is void.

If a provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The remaining provisions stay in effect. Restrictions in Section 3 are independent limitations.

A failure to enforce a provision is not a waiver. Waivers must be in writing.

Neither party is liable for delay or failure caused by events beyond its reasonable control, including internet or power failures, labor disputes, or government action. This sentence does not excuse payment obligations.

Notices to you may be sent to the email on your Order. Notices to us must be sent to support@stormdesigner.net and, for legal notices, also to info@stormdesigner.net, with “Legal Notice” in the subject line.

The parties are independent contractors. This Agreement does not create a partnership, joint venture, or professional-association relationship, and does not make us your engineer of record.

Headings are for convenience only. “Including” means “including without limitation.”

Electronic acceptance is valid. If we present a clickwrap, checkbox, or installer acknowledgment, we may retain the EULA version, timestamp, and associated order or license identifiers. Until that control is presented, installing, activating, or using the Software constitutes acceptance of the version then published at https://www.stormdesigner.net.

19. Contact

David Book, doing business as StormDesigner
Dana, North Carolina, United States
Support: support@stormdesigner.net
General: info@stormdesigner.net
Website: https://www.stormdesigner.net