LUTHERAN SERVICE BUILDER END USER LICENSE AGREEMENT (EULA) and Liturgy License Agreement
Please note: This is the license agreement that all users of the Lutheran Service Builder must agree to in order to use the software.
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. BY CLICKING ON THE “I ACCEPT THE TERMS OF THE LICENSE AGREEMENT” CHECKBOX, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. THIS PRODUCT REQUIRES USER REGISTRATION AND PAYMENT OF AN ANNUAL SUPPORT/LITURGY LICENSE FEE TO USE ALL FEATURES, AND CERTAIN FEATURES WILL CEASE TO FUNCTION IF USER REGISTRATION IS NOT CONFIRMED, ALONG WITH PAYMENT OF THE ANNUAL SUPPORT/LITURGY LICENSE FEE.
For EU residents covered by GDPR rulings, by clicking the “I ACCEPT THE TERMS OF THE LICENSE AGREEMENT” button, you grant Concordia Publishing House the right to retain any personal information you may give/have given CPH in our database(s) as necessary for this license.
LICENSE GRANT
Lutheran Service Builder contains software ("Software") and may contain electronic text, graphics, audio, or other resources ("Content") and related explanatory written materials ("Documentation"). "Software" includes any upgrades, modified versions, updates, additions and copies of the Software. "You" and “your” means the church, organization or other authorized person(s) who is being licensed to use the Software, Content, and Documentation. "We" and "us" means Concordia Publishing House (“CPH”). For this license, authorized person(s) shall mean only those persons designated by your church or organization to use Lutheran Service Builder to prepare worship resources for your church or organization.
These Terms of Service (the "Terms") govern your church’s/organization’s use of Lutheran Service Builder (“Service Builder”), and all authorized persons accessing the Service Builder through your account. Your access to Service Builder in any way is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these Terms and conditions, you may not use Service Builder
LICENSE AND SERVICE ACCESS.
CPH grants you a limited license to access and make use of the Service Builder. You are responsible for providing, at your expense, access to the Internet and any required equipment. Subject to the terms and conditions of this Agreement, CPH agrees to make reasonable efforts to provide you and your authorized users with access to and use of Service Builder.
The license to use Service Builder does not include any resale or commercial use of Service Builder or its contents; or any derivative use of Service Builder or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes; or any other use not specifically authorized by these Terms. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on Service Builder for any commercial purpose. By using Service Builder, you warrant to CPH that you will not use Service Builder, or any of the content obtained from Service Builder, for any purpose that is unlawful or prohibited by these Terms. CPH does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website. If you violate any of these Terms, your permission to use Service Builder automatically terminates.
To use all the functionality of Lutheran Service Builder, you must purchase the Annual Support/Liturgy License. The Annual Support/Liturgy License will be automatically renewed upon the anniversary date of purchase. You may cancel this license before the expiration of the current license period as provided below. The Annual Support/Liturgy License renewal fees are billed at the annual rate in effect at the time of the renewal. These rates are subject to change without notice.
CPH grants you the nonexclusive right to reproduce the “Liturgy Resources” (as such term is hereinafter defined) for use in your church’s congregational life. Reproduction may be in the form of printing or projecting Liturgy Resources. In addition, you are permitted to record those portions of worship services containing Liturgy Resources by either audio or audio-visual means for distribution to members of your congregation that are sick, elderly or shut-ins and stream or podcast the Liturgy Resources via your church’s media sites only
For purposes of this Agreement, “Liturgy Resources” shall mean the Liturgies, Rites, Blessings, Propers, Psalm Tones, Canticles and Collects found in the Pew Edition, Altar Book and Agenda in the following hymnals published by Concordia Publishing House: Lutheran Service Book, Lutheran Worship and The Lutheran Hymnal. Additional permission must be secured to use other worship resources copyrighted by Concordia Publishing House. This grant of license specifically does not include any liturgy resources found in Hymnal Supplement 98.
Except as provided by the Liturgy License Agreement described above, you must first have permission from the copyright owner of any hymn, choral anthem or other music used during your church service (Content) before exporting, printing, or projecting Content. Prior to exporting, printing, or projecting Content, you must obtain an annual license via the Lutheran Service Book Hymn License, subscribe to another annual license which covers the Content, or contact the individual copyright holder directly. In all cases, appropriate copyright notices must be used for the Content. In no case are you permitted to use the Content in a manner that exceeds the rights granted by the copyright owner, administrator, or sublicensor of the Content. In addition, you agree that you will obtain permission prior to using any other copyrighted works in the “My Worship Resources” section of the Software.
TITLE
We remain the owner of all right, title, and interest in the Software and Documentation. Ownership of the Content remains with Copyright holders.
THINGS YOU MAY NOT DO
The Software, Content, and Documentation are protected by United States copyright laws and international treaties. You must treat the Software, Content, and Documentation like any other copyrighted material—for example a book. You may not:
- Delete copyright notices that are prepared by the Software,
- copy the Software or Content except to the extent that the Content is in the public domain, or you have separate permission to copy the Content,
- modify or adapt the Software or merge it into another program,
- reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
- place the Software or Content onto a server or make it accessible via a public network such as the Internet,
- sublicense, rent, lease, or lend any portion of the Software, Content, or Documentation,
- allow anyone else to use your user name and password to access the Software and Content for their personal or congregational use,
- use the Software or Content to prepare materials for print or projection for a third party,
- reverse engineer, disassemble, decompile or make any attempt to "unlock" or circumvent the digital copyright protection of the Content; or
-use Software or Content in any manner not specifically authorized by this License.
TRANSFERS
The license granted herein is not transferable without the express written consent of CPH.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.
A. CPH does not guarantee, represent, or warrant that your use of the application will be uninterrupted or error-free.
B. You expressly agree that your use of, or inability to use, the application is at your sole risk. The application is provided "AS IS" and "AS AVAILABLE" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
C. In no case shall CPH, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the applications or for any other claim related in any way to your use of the applications.
D. CPH shall use reasonable efforts to protect information submitted by you in connection with the application, but you acknowledge and agree that your submission of such information is at your sole risk, and CPH hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
E. CPH does not represent or guarantee that the application will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and CPH disclaims any liability relating thereto.
WAIVER AND INDEMNITY. BY USING THE APPLICATION, YOU AGREE TO INDEMNIFY AND HOLD CPH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT, MODIFY OR OTHERWISE MAKE AVAILABLE THROUGH THE APPLICATION, YOUR USE OF THE APPLICATION, YOUR CONNECTION TO THE APPLICATION, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CPH AND ITS LICENSORS OR VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CPH OR ITS LICENSORS OR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CPH AND YOU. CPH WOULD NOT BE ABLE TO HAVE PROVIDED THE APPLICATION WITHOUT SUCH LIMITATIONS.
TERM AND TERMINATION
This license agreement takes effect upon your use of the Software and remains effective until terminated. If you wish to terminate this license, you must notify us of your intent not to renew the Annual Support/Liturgy License within thirty (30) days of the anniversary date of your original use so that it is not automatically renewed as described below. If you license Service Builder and fail to pay the renewal for the Annual Support/Liturgy License, the license hereunder will terminate. Upon cancelation of the Annul Support/Liturgy License you will only have access to the free trial. Annual Support/Liturgy License may be altered and/or cancelled only at the time of renewal.
This license will also automatically terminate if you fail to comply with any term or condition of this License Agreement.
CONFIDENTIALITY
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
GENERAL PROVISIONS
- This written License Agreement is the exclusive agreement between you and us concerning the Software, Content, and Documentation and supersedes any and all prior oral or written agreements, negotiations or other dealings between us concerning the Software.
- The terms of this License will govern any upgrades to Software and Content provided by CPH that replace and/or supplement the original Software and Content, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- No material reproduced or recorded pursuant to this license may be sold or distributed for any payment or donation of any kind, or in any manner disseminated via the internet or outside the congregational membership in any manner. The MIDI files provided on Lutheran Service Builder are for evaluation purposes only, and may not be used for worship or distributed in any manner.
- By using the Software and Content in connection with the Lutheran Service Book Hymn License, you agree to the latest Lutheran Service Book Hymn License Agreement, which you may access and review at https://music.cph.org/lutheran-service-builder/hymn-license-agreement. You also agree that you will not use any copyrighted third-party materials in a manner that would infringe or violate the rights of any other party, and that CPH is not in any way responsible for any such use by you.
- This License Agreement is governed by the laws of the State of Missouri, USA.
- You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
- This publication contains The Holy Bible, English Standard Version, copyright © 2001 by Crossway Bibles a division of Good News Publishers. The ESV text has been reproduced in cooperation with and by permission of Good News Publishers. Licensee agrees that to the extent it reproduces a portion of the ESV Bible text, it will comply with the current permission guidelines set forth by Crossway Bibles, a publishing ministry of Good News Publishers, as found on its website at: https://www.crossway.org/permissions/. English Standard Version, ESV and the ESV logo are trademarks of Good News Publishers. Used by permission.
- CPH may modify this license agreement at any time with or without notice. Your continued use the Service Builder, signifies your agreement with the modifications. The latest version of this license agreement may be found on https://music.cph.org/lutheran-service-builder/license-agreement.
