These Terms of Use (“Terms of Use”) are current as of June 10, 2025.

Please read these Terms of Use carefully.

These Terms of Use are entered into by and between the user (“User”) and Wenger Corporation, d/b/a Lutefish (“Lutefish”), and govern access to and use of the collaborative music platform as more fully described at www.lutefish.com, which allows Users to share information, and with the purchase of the Device (as defined below), to engage in a low latency collaboration platform (the “Lutefish Platform”). These Terms of Use, together with the Lutefish Privacy Policy  (the “Lutefish Privacy Policy”), constitute a binding agreement between Lutefish and all Users, regardless of whether any User has registered a Lutefish account as described below (“Account”).

By accessing, visiting, or using the Lutefish Platform, User agrees to be bound by these Terms of Use, as updated from time to time. If User does not agree to any of the provisions set out in these Terms of Use, User should not access or use the Lutefish Platform. Lutefish may, in its sole discretion, modify or revise these Terms of Use at any time. When Lutefish makes any material change(s) to these Terms of Use, Lutefish will provide Users with notice, including: (a) by way of displaying a notice within the Lutefish website; (b) by sending User an email to the email address that User provided to Lutefish; or (c) by a message to the User’s Account, and the revised Terms of Use will become effective one week after such notification. It is User’s responsibility to check this website on which these Terms of Use are displayed from time to time for any updates.

User represents and warrants that User has read and understood these Terms of Use and will abide by them, and that User is 13 years of age or more. IF USER IS NOT 13 YEARS OF AGE OR OLDER, USER MAY NOT USE THE Lutefish platform.

1. Use of the Device

The Lutefish Platform may include access to a proprietary device (“Device”) that must be purchased in accordance with Lutefish’s terms and conditions for such purchase. The Device and functionality is provided to enable Users to utilize the features of the Lutefish Platform and to share and distribute Content in accordance with these Terms of Use. “Content” means any materials, data, or information provided or made available through the Lutefish Platform, including, but not limited to, Direct Communications (as defined below), text, images, music, sound, audio, video, or other material used to create profiles based on predetermined options or as otherwise contained in the Lutefish Platform. When using the Device, User is responsible for compliance with all copyright laws. Lutefish reserves the right to block User’s access and/or usage of the Device at any time and for any reason in Lutefish’s sole discretion.

2.  Lutefish Account

2.1 Certain features and portions of the Lutefish Platform are only available or accessible to Users who have registered for an Account and/or purchased the Device (“Registered Users”).

2.2 When a User registers an Account, User will provide Lutefish with User’s email address and will choose a username and password for User’s Account. User must ensure that the email address that User provides is, and remains, valid. User’s email address and any other information User chooses to provide about User will be treated in accordance with the Lutefish Privacy Policy, which is incorporated by reference and made a part of these Terms of Use.

2.3 User is solely responsible for maintaining the confidentiality and security of its username and password. User will remain responsible for all usage of its username and password, and all activity emanating from User’s Account, whether such activity was authorized by or on behalf of User.

2.4 If User’s username and/or password is lost or stolen, or if User believes that the Account has been accessed by unauthorized third parties, User is advised to notify Lutefish directly in writing and is advised to change User’s password at the earliest possible opportunity.

2.5 Lutefish reserves the right to disallow, cancel, remove, or reassign certain usernames in appropriate circumstances, as determined by Lutefish in its sole discretion, and may, with or without prior notice, suspend or terminate an Account and/or access to the Lutefish Platform if activities occur on an Account which, in Lutefish’s sole discretion, would or might constitute a violation of these Terms of Use, or an infringement or violation of the rights, including the intellectual property rights, of any third party, or of any applicable laws or regulations.

2.6 User may terminate its Account at any time as described under “Termination” below.

2.7 Lutefish may change the features of any Account, may withdraw or introduce new features, products, or types of Accounts at any time and for any reason, and may introduce charges and change the prices charged for any aspect of the Lutefish Platform from time to time. In the event of any introduction of charges, increases in the price, or material reductions in the features of any aspect of the Lutefish Platform which User has purchased, such change(s) will be communicated to User.

3. Subscription Fees:

In exchange for a monthly or annual fee (“Subscription Fee”), User may register for a subscription with Lutefish (“Subscription”) to become a subscriber (“Subscriber”) by visiting http://app.lutefish.com. Subscribers will have access to features not available to Users who are not Subscribers. Subscribers may terminate their Subscriptions at any time before the start of the next monthly or annual billing period. Otherwise, monthly and annual subscription terms will automatically renew.  No refunds will be given for Subscription Fees previously paid. Lutefish retains the right to modify the terms of Subscription in its sole discretion, including, but not limited to, modifying the features that are available to Subscribers and the Subscription Fee. Lutefish also reserves the right to terminate Subscriptions at any time, in its sole discretion.

4. User Generated Content

4.1 Ownership and License: As between User and Lutefish, User retains ownership of all Content that User submits through use of the Lutefish Platform (“User Content”). Lutefish does not claim any ownership rights over User Content.

By submitting User Content, User hereby grants Lutefish a limited, worldwide, non-exclusive, royalty-free license to distribute, publicly display, publicly perform, make available, and otherwise communicate User Content to other Users and the public, in connection with the Lutefish Platform, including the distribution of advertising or other promotional material through the Lutefish Platform.

The foregoing license, which User grants to Lutefish and to other Users, will terminate within a commercially reasonable and practicable time after User removes or deletes User Content from the Lutefish Platform or within a commercially reasonable and practicable time after User terminates its Account, except the foregoing license (a) will not terminate in respect of User Content which User shares with others (including in a band) and which User has not removed from the Lutefish Platform and (b) with respect to comments submitted by User, is perpetual and irrevocable.

4.2 User Responsibility for User Content: User is solely responsible for all User Content. User agrees not to use the Lutefish Platform in any manner that will or could infringe on any third party’s intellectual property. Lutefish neither endorses nor assumes any responsibility for User Content. User must not submit any Content or post any other Users’ Content which:

4.2.1 is unlawful, abusive, libelous, defamatory, pornographic, or obscene, or will promote or incite harassment, violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity, or sexual orientation;

4.2.2 infringes a third party’s intellectual property, or which contains a third party’s intellectual property, unless User has written permission from the rightful owner of the Content;

4.2.3 is contrary to these Terms of Use; and/or

4.2.4 violates any right of privacy, personal or proprietary right, or other common law or statutory right, or is contrary to applicable local, national, and international laws and regulations.

4.3 Other Users’ Content: Any Content made available on the Lutefish Platform, other than User Content, remains the property of the party submitting the Content, and may be subject to third-party intellectual property rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, adapted, synchronized, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except through the sharing functionalities of the Lutefish Platform. User agrees not to circumvent, disable or otherwise interfere with security-related features of the Lutefish Platform or features that prevent or restrict the sharing of any Content or which enforce limitations on use of the Lutefish Platform or the Content therein.

4.4 Representations and Warranties of User: User hereby represents and warrants to Lutefish, on a present and continuing basis, as follows:

4.4.1 User has full legal authority to enter into these Terms of Use and use the Lutefish Platform. User Content, and each and every part thereof, is an original work by User, and User is the sole legal and beneficial owner of and owns all rights, title and interests in User Content, or User has obtained all rights, licenses, consents and permissions necessary in order to use and to authorize Lutefish and other Users to use User Content pursuant to these Terms of Use, including, without limitation, the right to upload, create, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for access offline) and otherwise communicate to the public User Content, and each and every part thereof, on, through or via the Lutefish Platform.

4.4.2 User Content and the availability thereof on the Lutefish Platform and User’s use of any third-party material does not and will not infringe or violate the rights of any third party, including, without limitation, any third-party intellectual property rights.

4.4.3 User has obtained all necessary consents, permissions and/or releases from any and all persons appearing or referred to in User Content in order to include their name, voice, performance or likeness in User Content and to publish the same on the Lutefish Platform.

4.4.4 If User is the songwriter of any or all of the Musical Works (as defined below) included in User Content, whether in whole or in part (e.g., as a co-writer), User has the full right, power, and authority to grant the rights set forth in these Terms of Use, notwithstanding the provisions of any agreement User may have entered into with any performing rights organization (“PRO”), whether based in the United States (e.g., ASCAP, BMI or SESAC), or in any other country or jurisdiction, collective management organization (“CMO”), or any music publisher, and that User is solely responsible for taking all steps necessary to inform the applicable PRO, CMO or music publisher that User is granting a royalty-free license to Lutefish for purposes of the public performance of User’s Musical Works. User acknowledges and agrees that Lutefish will not have any responsibility for any fees or payments of any kind whatsoever that may be payable to any PRO, CMO or music publisher in connection with the public performance or publication of User’s Musical Works on the Lutefish Platform. User represents and warrants that User has all necessary rights and licenses to perform or record any third-party musical compositions and to publish any Musical Work displayed, published or streamed using the Lutefish Platform.

If any agreement User has entered into with any third party, including, but not limited to, a PRO, CMO, music publisher, union or guild, whether by law or contract, prohibits User from granting Lutefish the rights and licenses set forth in these Terms of Use and making the representations and warranties set forth above, then User is prohibited from uploading User’s Musical Works to the Lutefish Platform. User also agrees to indemnify Lutefish and hold Lutefish harmless from and against all claims arising from the exploitation of User’s Musical Works on the Lutefish Platform as permitted hereunder, including all applicable legal costs and fees.

For purposes hereof, “Musical Works” means sound recordings (“Sound Recordings”), videos synchronized with Sound Recordings and other audiovisual works (collectively, “Music Videos”), music compositions, including lyrics, and the musical works embodied within Sound Recordings and Music Videos.

4.4.5 User represents and warrants that: (a) User has the right to send Direct Communications (as defined below) and such Direct Communications will not violate these Terms of Use, the Lutefish Privacy Policy or any third-party intellectual property; and (b) User has and shall comply with all applicable laws, regulations and industry standards (including data protection and privacy laws) when communicating with other Users and handling their personal data. User acknowledges and agrees that in respect of any personal data that User collects, User is a separate and independent controller of such personal data and shall process such personal data strictly in accordance with applicable data protection and privacy laws, including, but not limited to, ensuring User complies with any applicable transparency and consent requirements.

5. Messaging and Communicating with Other Users

If User elects to use the Lutefish Platform to communicate with other Users, the following terms and conditions will apply:

5.1 Lutefish Rights: The Lutefish Platform enables Users to have limited access to contact other Users directly via multiple forms of communication as may be made available in the Lutefish Platform from time to time (“Direct Communications”), provided that such other Users have opted into such methods of communication and explicitly indicate that they wish to receive Direct Communications from User. Lutefish may, but has no obligation to, monitor or review Direct Communications. Without limiting the foregoing, Lutefish retains the sole and absolute discretion to: (a) include or distribute Direct Communications via the Lutefish Platform; and (b) limit, remove or disable Users’ access to the Lutefish Platform for Users who, in Lutefish’s sole discretion, violate these Terms of Use. Lutefish may take these actions without prior notification to User or any third party and without any liability to User for such removal. Lutefish retains the right to modify the terms and features of the Lutefish Platform at its sole and absolute discretion, including, but not limited to, modifying the access limits to any forms of Direct Communications with other Users.

5.2 User Obligations: User agrees that User will not use the Lutefish Platform for sending unsolicited Direct Communications to other Users. Where any User has indicated that it no longer wishes to receive Direct Communications from User, User agrees to remove such User from its Lutefish Platform contacts list, and Lutefish reserves the right to and may automatically remove such User. User is solely responsible for any engagement User has with Direct Communications, including, but not limited to, all Direct Communications that User sends via the Lutefish Platform and all handling of personal data that User collects.

5.3 Direct Communications: Once User has opted in to receiving Direct Communications from User-selected User(s), Lutefish does not take any responsibility whatsoever in respect of any Direct Communications between User and the selected User(s). User may opt out of receiving Direct Communications from any User at any time by updating User’s preferences in its Account.

6. Blocking and Removal of Content

6.1 Lutefish Right to Monitor Content: Lutefish is under no obligation to monitor or review Content submitted on or through the Lutefish Platform; however, Lutefish reserves the right to remove Content, suspend or terminate User access to the Lutefish Platform and/or pursue all legal remedies if Lutefish believes that any such Content breaches these Terms of Use or violates any law, rule or regulation. Specifically, Lutefish reserves the right, but shall not be obligated, to:

6.1.1 remove, block, reject or relocate any Content appearing on or through the Lutefish Platform at any time;

6.1.2 prevent or restrict access to the Lutefish Platform by any User or third party;

6.1.3 report any activity that Lutefish suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to cooperate with such authorities;

6.1.4 request any information and data from User in connection with User’s use of the Lutefish Platform at any time, and exercise its rights under this Section 5.1 if User refuses to divulge such information and/or data or if User provides or if Lutefish has reasonable grounds to suspect that User has provided inaccurate, misleading, or fraudulent information and/or data; and/or

6.1.5 suspend or terminate User’s access to the Lutefish Platform, without warning, if Lutefish determines, in Lutefish’s sole discretion, that User has breached these Terms of Use, or if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Lutefish in its sole discretion.

6.2 Reporting Claims of Infringement: Lutefish takes claims of copyright infringement seriously. Lutefish will respond to notices of alleged copyright infringement that comply with applicable law. If User believes any Content accessible on or from the Lutefish website or the Lutefish Platform infringes User’s copyright, User may request removal of such Content from the Lutefish website or Lutefish Platform by submitting written notification to Lutefish’s Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

6.2.1 User’s physical or electronic signature.

6.2.2 Identification of the copyrighted work User believes to have been infringed or, if the claim involves multiple works on the Lutefish website or Lutefish Platform, a representative list of such works.

6.2.3 Identification of the Content User believes to be infringing, in a sufficiently precise manner to allow Lutefish to locate that material.

6.2.4 Adequate information by which Lutefish can contact User (including User’s name, postal address, telephone number and, if available, e-mail address).

6.2.5 A statement that User has a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

6.2.6 A statement that the information in the written notice is accurate.

6.2.7 A statement, under penalty of perjury, that User is authorized to act on behalf of the copyright owner.

Lutefish’s designated Copyright Agent to receive DMCA Notices is:

Michael R. Cohen
Suite 3100
80 South 8th Street
Minneapolis, MN 55402
(612) 632-3345
Michael.Cohen@lathropgpm.com

If User fails to comply with all of the requirements of Section 512(c)(3) of the DMCA, User’s DMCA Notice may not be effective.

If User knowingly materially misrepresents that material or activity on the Lutefish website or Lutefish Platform is infringing User’s copyright, User may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

7. Changes to Lutefish Platform

7.1 Lutefish may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend, discontinue, or terminate the Lutefish Platform or any part thereof, temporarily or permanently, and in its entirety. Lutefish shall not be liable if such upgrade, modification, suspension, discontinuation, or termination prevents User from accessing any part of the Lutefish Platform.

7.2 User has no right of continued access to the Lutefish Platform or to any item of Content. User agrees that User will not rely on Lutefish to keep a copy of or make available any Content that is or was available on or through the Lutefish Platform, including Content which User submitted to the Lutefish Platform. Lutefish shall have no liability if User is unable to access an item of Content due to its removal from the Lutefish Platform, whether by Lutefish or by the relevant User.

7.3 For the avoidance of doubt, Lutefish shall not at any time be obligated to provide any adaptations, enhancements and/or modifications to the Lutefish Platform, including any updates, patches, bug-fixes and/or upgrades or any new versions and/or releases which incorporate new features or functions.

8. Lutefish’s Intellectual Property Rights

8.1 The Lutefish Platform is proprietary to Lutefish and must not be accessed or used other than strictly in accordance with these Terms of Use. When User agrees to these Terms of Use, Lutefish grants User a personal, limited, non-exclusive, non-transferable, non-sublicensable right to use the Lutefish Platform (subject to the payment of any applicable fees).

8.2 User may not, and User may not authorize any third party, directly or indirectly, under any circumstances, to:

8.2.1 copy, sell, resell, assign, license, distribute, transmit, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis, publish or otherwise reproduce or make available the Lutefish Platform or any part thereof in any form by any means;

8.2.2 create, recreate, adapt, modify, decompile, disassemble, localize, port and/or reverse engineer the Lutefish Platform or any part thereof;

8.2.3 remove, obscure, tamper or destroy any copyright, trademark, trade secret, proprietary or confidential legends or marking placed upon or contained within the Lutefish Platform;

8.2.4 prepare or develop derivative works based on the Lutefish Platform or combine or merge any part of the Lutefish Platform with or into any other software or documentation;

8.2.5 use the Lutefish Platform for any purpose other than those permitted under these Terms of Use;

8.2.6 remove, extract, download or copy any software, firmware, program and/or any code of any kind which have been embedded and/or incorporated into the Device or any hardware, devices and/or equipment comprised in any device used to access the Lutefish Platform; or

8.2.7  use any deceptive, fraudulent, illegal or other invalid means or methods, including any automated means, bots, botnets, robots, spiders, scrapers, data mining tools, automated scripts, or the like, to access User Content on the Lutefish Platform or to generate plays, public performances, streams, or other uses of, or interactions with, User Content for the purposes of artificially increasing streams, downloads, or purchases of material, generating artificial invalid or fraudulent sale proceeds, or otherwise.

8.3 Any breach of the aforesaid restrictions shall result in immediate and automatic termination of all rights and licenses granted herein. The use restrictions set out herein shall survive the termination of these Terms of Use.

8.4 As part of the Lutefish Platform, Lutefish may make available to User certain Content to which Lutefish holds the intellectual property rights. Lutefish does not grant User ownership over any such Content. Lutefish grants User a non-exclusive, revocable license solely to make use of the Lutefish-generated Content within the functionalities of the Lutefish Platform and in accordance with these Terms of Use.

8.5 All of Lutefish’s intellectual property rights, including Lutefish trademarks and other features of the Lutefish brand, are Lutefish’s sole property. The license which Lutefish grants User to use the Lutefish Platform does not entitle User to use Lutefish’s intellectual property rights or any other features of the Lutefish brand, whether for commercial or non-commercial purposes.

9. Lutefish’s Limitation of Responsibility and Liability

9.1 No Responsibility for Content: Lutefish assumes no responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material submitted to or made available on the Lutefish Platform. User hereby acknowledges and agrees that: (a) Lutefish stores User Content at the direction and request of, and with the authorization of Users; (b) acts merely as a passive conduit and/or host for the uploading, creation, collaboration, storage and distribution of User Content; (c) plays no active role and gives no assistance in the presentation or use of User Content; (d) does not monitor, review or edit User Content and is not responsible for User Content; and (e) does not endorse any opinion contained in User Content.

If User discovers any Content that User believes to be defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offense, or which constitutes impersonation, abuse, spam or otherwise violates these Terms of Use or applicable law, User may report this to Lutefish by email at info@Lutefish.com.

9.2 No Representations or Warranties by Lutefish: Lutefish does not represent, warrant, or guarantee that use of the Lutefish Platform will produce or provide any benefit, advantage, positive outcome, positive results, improvements and/or gains for User in any form and manner, regardless of any information or expectation that is expressed by User to Lutefish in the course of engaging or using the Lutefish Platform. Lutefish bears no responsibility whatsoever and shall not be liable for any result, outcome and/or consequence arising out of or in relation to the use of the Lutefish Platform by any User.

The Lutefish Platform and the Content are provided on an “as is” and “as available” basis. User agrees that access to and use of the Lutefish Platform and Content shall be at User’s sole risk. No representations or warranties of any kind, implied, express or statutory, including the warranties of non‑infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, are given by Lutefish in connection with the Lutefish Platform. Without prejudice to the generality of the foregoing, Lutefish does not warrant:

9.2.1 the accuracy, reliability, timeliness, adequacy, commercial value or completeness of the Lutefish Platform or the Content, and expressly disclaims any liability for errors, delays or omissions in the Content, or liability for any action taken in reliance on the Content or the Lutefish Platform;

9.2.2 that User’s use of and/or access to the Lutefish Platform or the Content will be uninterrupted, timely, secure or free from errors or that any defects will be corrected;

9.2.3 that the Lutefish Platform and/or any Content will meet User requirements or be free from any virus or other malicious, destructive or corrupting code, agent, program or macros;

9.2.4 that any information, instructions or communications posted or transmitted by User through the Lutefish Platform is secure and cannot be accessed by unauthorized third parties;

9.2.5 that any elements of the Lutefish Platform designed to prevent unauthorized access, sharing or download of Content will be effective; and

9.2.6 that access to and/or use of Content and/or the Lutefish Platform by User will not infringe the rights of any third parties, including intellectual property rights.

9.3 Indemnity by User: User hereby agrees to defend, indemnify and hold harmless Lutefish, its affiliates and subsidiaries, and their respective officers, directors, employees, agents, independent contractors, shareholders, successors, and assigns (collectively, the “Indemnitees”) from and against any claims (actual and threatened), settlement sums, liability, losses, damages, costs (including solicitor and client costs and expenses (legal or otherwise)), charges, expenses, actions, and proceedings, whether foreseeable or not, which the Indemnitees may sustain, suffer or incur, directly or indirectly, out of or in the course of or in connection with User’s use of the Lutefish Platform or breach of these Terms of Use.

9.4 Limitation of Liability: THE INDEMNITEES shall not be liable to User for any loss, damages or expenses (including any direct, indirect, incidental, special, consequential or punitive damages or economic loss or any claims for loss of profits or loss of use) whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with any access to and/or use of the Lutefish platform.

9.5 User Remedy: User’s sole remedy for any breach by Lutefish of these Terms of Use is limited to User’s ability to discontinue use of the Lutefish Platform.

10. Termination

10.1 Termination by Lutefish: In Lutefish’s sole and absolute discretion, Lutefish may, with immediate effect upon giving User notice, terminate User’s access to the Lutefish Platform. Lutefish may bar access to the Lutefish Platform (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use, or if Lutefish believes that User has violated or acted inconsistently with any terms or conditions set out herein, or if in Lutefish’s opinion or the opinion of any regulatory authority, tribunal or court of law, it is not suitable to continue providing any aspect of the Lutefish Platform.

10.2 Consequences of Termination by Lutefish: Upon Lutefish’s termination of User’s access to the Lutefish Platform for any reason whatsoever, all rights and/or licenses granted to User under these Terms of Use shall immediately cease and terminate, and User shall forthwith cease the use of the Lutefish Platform. If User has made purchases within the Lutefish Platform, Lutefish is unable to offer any refund.

10.3 Termination by User: Monthly and annual subscriptions shall automatically renew unless User provides notice of cancellation and intent not to renew to Lutefish as provided in section 3 above .  So long as User continues to use and/or access the Lutefish Platform, these Terms of Use will continue to apply to User, notwithstanding that User is no longer a Registered User.

10.4 User Content upon Termination: Once an Account has been terminated, all Content residing in the Account or pertaining to activity from the Account, except for User comments which User may have made or posted on the Lutefish Platform, and Content that User has shared with other Users and which have not been deleted from the Lutefish Platform will, within a commercially reasonable and practicable time, be irretrievably deleted from Lutefish servers, except to the extent that Lutefish is obligated or permitted to retain such Content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect Lutefish’s legitimate business interests. Lutefish assumes no liability for any Content, data or information that is irretrievably deleted following any termination of a User Account.

10.5 Survival of Terms: The following provisions of these Terms of Use will continue to apply after the termination of an Account and/or the termination of these Terms of Use: 3, 7 and 9.

11. Third Party Websites and Services

11.1 The Lutefish Platform may provide User with access to websites, applications and/or platforms which are owned and/or operated by third parties and/or information located on the internet (collectively, “External Services”).

11.2 User acknowledges and agrees that Lutefish does not monitor or have or maintain any control over External Services, and that Lutefish is not responsible for their content, operation or use, or the consequences of accessing any such External Services. User acknowledges and agrees that, by linking or otherwise providing access to any External Services, Lutefish does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, security, quality or authenticity of content, or information provided by such External Services.

11.3 External Services may have their own terms and conditions of use and may have different practices and requirements than the Lutefish Platform. User is solely responsible for reviewing any terms of use or other terms governing User’s use of the External Services, which User uses at its own risk. User acknowledges and agrees that User is solely responsible for taking the precautions necessary to protect User when using External Services, and to protect User computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.

12. General

12.1 Feedback: Lutefish may, from time to time, invite or provide User with means to provide feedback regarding the Lutefish Platform, and in such circumstances, any feedback User provides will be deemed non-confidential, and Lutefish shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

12.2 Sub-contracting and Delegation: Lutefish reserves the right to delegate or sub-contract the performance of any of its functions in connection with the Lutefish Platform and reserves the right to use any service providers, subcontractors and/or agents on such terms as Lutefish deems appropriate. User acknowledges and agrees that Lutefish bears no responsibility whatsoever and shall not be liable for any loss or damage suffered by User arising out of, in relation to, or in connection with any actions and omissions of any service providers, subcontractors and/or agents.

12.3 Assignment: User may not assign its rights or obligations under these Terms of Use, in whole or in part, to any third party without Lutefish’s prior written consent. Lutefish may assign its rights and (to the extent permitted by law) obligations under these Terms of Use, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Lutefish.

12.4 Force Majeure: Lutefish shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use or the Lutefish Privacy Policy (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Lutefish Platform contents if due, in whole or in part, directly or indirectly, to an event or failure which is beyond Lutefish’s reasonable control, including any act of God or a public enemy, act of terrorism, act of any military, civil or regulatory authority, civil or regulatory authority, change in any law or regulation, fire, food, earthquake, storm or other like event, disease outbreak, epidemic, disruption or outage of communications (including the internet or other networked environment), power or other utility, and unavailability of supplies which could not have been prevented by Lutefish with reasonable care.

12.5 Severability: The invalidity or unenforceability of any of the provisions in these Terms of Use shall not adversely affect or impair the validity or enforceability of the remaining provisions of these Terms of Use.

12.6 Waiver: In the event of a breach of these Terms of Use by User, Lutefish’s failure to enforce these Terms of Use shall not constitute a waiver of any terms of these Terms of Use, and such failure shall not affect Lutefish’s right to later enforce these Terms of Use. Lutefish would still be entitled to use its rights and remedies in any other situation where User breaches these Term of Use.

12.7 Applicable Law and Jurisdiction: Use of the Lutefish Platform and these Terms of Use shall be governed by and construed in accordance with Minnesota law and venued in a state or federal court situated in the State of Minnesota.

13. Open Source

Lutefish makes use of open source components, including the following, which are licensed pursuant to the open source licenses as listed below:

com.h2database:h2  EPL-1.0 / MPL-2.0
hibernate-core LGPL-2.1
hibernate-jcache LGPL-2.1
hibernate-jpamodelgen LGPL-2.1
hibernate-spatial LGPL-2.1
org.locationtech.jts:jts-core EPL-2.0 / EDL-1.0
com.mysql:mysql-connector-j GPL-2.0
jakarta.activation:jakarta.activation-api EPL-2.0 / GPL-2.0
jakarta.annotation:jakarta.annotation-api EPL-2.0 / GPL-2.0
jakarta.persistence:jakarta.persistence-api EPL-2.0 / GPL-2.0
jakarta.servlet:jakarta.servlet-api EPL-2.0 / GPL-2.0
jakarta.transaction:jakarta.transaction-api EPL-2.0 / GPL-2.0
jakarta.websocket:jakarta.websocket-api EPL-2.0 / GPL-2.0
jakarta.xml.bind:jakarta.xml.bind-api EPL-2.0 / GPL-2.0
ffmpeg LGPL 2.1+
glib LGPL 2.1
gssdp LGPL 2.1
gupnp LGPL 2.1
liblo LGPL 2.1
libnice LGPL 2.1 / MPL 1.1
libsoup LGPL 2.0
mp3lame LGPL 2.0
i2c-tools GPL 2 (tools) / LGPL 2.1 (library)
openfec CeCILL-C / CeCILL v2

Any use of the above open source components is governed by, and subject to, the terms and conditions of the respective open source licenses listed above.