Manuals
What’s New in KLANG:app & KOS 5.7 | Official Release
This document outlines the latest features, improvements, and integration options introduced with KLANG:app and KOS version 5.7. It includes enhancements to sound personalization, workflow efficiency, and remote control functionality across KLANG processors and apps. Key highlights include fully customizable parametric EQs, personal tone filters per mix, new MIDI integration with Allen & Heath consoles, and advanced navigation tools like Channel Focus in STAGE view.
How to Update Everything
The New and Quick Way to Update
Here is the quickest and most secure way to update. While you can still manually download KOS manually and either drag & drop the downloaded ZIP on KLANG:app or install it via a USB pendrive the old-fashioned way, we recommend a much simpler workflow:
- Install the latest KLANG:app
- Start KLANG:app in Admin Mode.
- Go to
CONFIG > CONNECT - Click on the Update Icon next to a KLANG device
- Run the new Multiple KOS Over-the-Air (OTA) as described below.
Multiple KLANG devices can now be updated simultaneously from within KLANG:app. The new interface lists all connected processors, showing their current and target software versions. You can select one or several devices at once and start the update with a single click. KOS OTA files are transferred to each device, verified, and then automatically installed — reducing update time and simplifying fleet management.
You can update multiple devices at once in KLANG:app 5.7.
Download Links
GENERAL EULA
General EULA – FIRMWARE & UPDATES
Please read and make sure you understand this End User License Agreement before you use our products. Scroll to the bottom of this page to continue.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND KLANG:technologies GmbH of Wespienstr. 8-10, 52062 Aachen, Germany (“KLANG”) FOR THE KLANG SOFTWARE THAT ACCOMPANIES THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE/FIRMWARE WHICH MAY ALSO INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS “ONLINE” OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES AND DOWNLOADED SOFTWARE AND ANY UPDATES (“SOFTWARE”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
If You do not agree to the following terms, or do not fulfil the requirements set out in this EULA, no licence is granted to You by this EULA and You may not use, install or download the Software (and any copies of the Software that You do hold must be deleted or destroyed).
- GRANT OF LICENCE.
1.1 In consideration of your paying any price charged for the Software or product sold by KLANG to You which contained the Software at point of sale (“Product”) and/or your compliance with these terms, KLANG grants to You the non-exclusive right to install and/or use the Software as specified in this EULA and in accordance with any documentation that accompanies the Product online or in paper format (and which includes, without limitation, the terms and conditions upon which KLANG sold the Product to You) (“ Documentation ”).
- THIRD PARTY SOFTWARE AND OPEN SOURCE SOFTWARE.
2.1 Some or all of the Software may consist of third party applications and packages which may be proprietary and / or open source software. You are obliged to comply with any additional licensing terms related to such third party applications. To the extent that this EULA contains any provision(s) which are contradictory to the terms of those third party applications and packages, the terms of those third party licenses shall apply to that Software as opposed to the terms of this EULA and the terms of this EULA shall not apply to them. Unless stated otherwise in the documentation that accompanies the Software or Product, KLANG does not provide any warranty, maintenance, technical or other support for third party applications and all warranties in the Software are disclaimed as set out in clause 9 below.
2.2 A list of the third party software, acknowledgement and licenses for each Product can be found at https://www.klang.com/license as may be updated from time to time.
2.3 Certain software libraries and other third party software included with the Software are free software and licensed under the terms of open source licenses. You may obtain a complete source code copy of such free software under the terms of the license if applicable, as provided at https://www.klang.com/license.
2.4 To the extent that the Software links to any open source software libraries (“OSS Libraries”) that are provided to You with the Software, nothing in this EULA shall affect Your rights under the licenses on which the owner of intellectual property rights in the relevant OSS Libraries (“Third Party Licensor”) has licensed the OSS Libraries, details of which can be found at https://www.klang.com/license. To the extent that Third Party Licensors have licensed OSS Libraries on the terms of v2.1 or v3 of the GNU Lesser General Public License issued by the Free Software Foundation (the “LGPL”), those OSS Libraries are licensed to You on the terms of the relevant LGPL and are referred to, in this clause 2.4 and in clause 6.1.4, as the LGPL Libraries. You may obtain a complete copy of the source code of the LPGL Libraries without charge at https://www.klang.com/license in order that You may modify the LGPL Libraries in accordance with the relevant LGPL, together with certain object code of the Software necessary to enable You to re-link any modified LGPL Library to the Software.
- EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to U. S. export control laws, and may be subject to export or import regulations in your own and/or other countries. You agree to comply with all such regulations, and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria (as such listing may be revised from time to time) or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders.
- INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licenses associated with it. The Software is protected by copyright and other intellectual property laws and treaties. KLANG or its suppliers own or have the right to license the title, copyright, and all other intellectual property rights in the Software. You shall have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA.
- ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, or add-on components of the Software that KLANG may provide to You, including in accordance with clauses 2.2 and 2.3, or make available to You after the date You obtain your initial copy of the Software unless a further EULA is provided with these.
- LICENSEE’S UNDERTAKINGS
6.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
6.1.1 not to copy the Software or Documentation except where such copying is incidental to normal (i.e. intended) use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.2 not to translate, merge, adapt, vary or modify the Software or Documentation, except to the extent that by virtue of § 69d of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited;
6.1.3 not to permit the Software or any part of it to be combined with, or become incorporated in, any other programs, unless authorised by us in writing;
6.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that (i) by virtue of § 69e of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited, because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving interoperability of the Software with another software program; and
(b) is not unnecessarily disclosed or communicated to any third party without our prior written consent; and
(c) is not used to create any software which is substantially similar to the Software; and
(ii) the Software links to LGPL Libraries and reverse engineering of the Software is essential for debugging any modifications You have made to the LGPL Libraries.
6.1.5 where You are acting in the course of Your trade, business, craft or profession (“ Business Customer ”), not to permit the Software to be accessed through an electronic network beyond your normal place of business;
6.1.6 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
6.1.7 to supervise and control use of the Software and (where you are a Business Customer) ensure that your employees, representatives and customers use the Software in accordance with the terms of this License.
6.2 Business Customers must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises at which the Software or the Documentation is being kept or used, to the Products and other relevant computer equipment located there, and to any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this License.
- TERMINATION.
Without prejudice to any other rights, KLANG may terminate this EULA if You fail to comply with any of the terms of this EULA. In such an event, all rights granted to You under this EULA shall cease, you must cease all activities authorised by this EULA and You must destroy all copies of the Software and all of its component parts within your control.
- LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
8.1 Subject to clauses 9.3 and 9.4, KLANG warrants that the Software will perform substantially in accordance with the KLANG materials that accompany the Software for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by the laws of your territory that cannot be excluded, You are entitled to rely upon it, but only as to defects discovered during the period of this limited warranty (ninety days).
8.2 KLANG’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, UNDER THE LIMITED WARRANTY PROVIDED IN THIS CLAUSE, OR FOR ANY OTHER BREACH OF THIS EULA, OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE, SHALL BE (AT KLANG’S OPTION), (I) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE, OR (II) REPAIR OR REPLACEMENT OF THE SOFTWARE, TO THE EXTENT THAT IT DOES NOT MEET THE LIMITED WARRANTY.
8.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, a virus, or combination of the Product or Software with any other product or software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and KLANG will use reasonable efforts to provide your remedy within a reasonable time of your compliance with KLANG’s warranty remedy procedures.
- DISCLAIMERS.
9.1 The Limited Warranty that appears above is the only warranty made to You and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
9.2 Except for the Limited Warranty and to the maximum extent permitted by applicable law, KLANG and its suppliers provide the Software and support services (if any) “AS IS” and “WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
9.3 KLANG DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF BUGS OR ERRORS, AND THE EXISTENCE OF SUCH WILL NOT RESULT IN KLANG (i) BEING IN BREACH OF THIS EULA OR (ii) INCURRING ANY LIABILITY.
Where you are a consumer and there is any conflict between the terms of this clause 9 and applicable consumer protection law, the consumer protection law shall apply.
- LIMITATION OF LIABILITY.
10.1 To the maximum extent permitted by applicable law, and except as provided in any KLANG guarantee provided with the Software or Product and the Limited Warranty (above), KLANG and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of data, loss of business profits or business opportunity, business interruption, loss of business information or other direct, indirect, consequential or pecuniary loss) arising out of the use or inability to use the Software, even if KLANG has been advised of the possibility of such damages.
10.2 (WITHOUT PREJUDICE TO CLAUSE 8.2) IN ANY CASE KLANG’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO THE FOREGOING, KLANG’S LIABILITY FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED TO BREACHES OF RIGHTS SUBSISTING IN GERMANY.
10.3 Where you are a consumer and there is any conflict between the terms of this clause 10 and applicable consumer protection law the consumer protection law shall apply.
- GENERAL.
11.1 Save where the Software forms part of a Product, this EULA constitutes the entire agreement between You and KLANG relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
11.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
11.3 If any provision of this EULA is held by a competent authority to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 If KLANG fails, at any time during the term of this EULA to insist upon strict performance of any of your obligations under this EULA, or if it fails to exercise any of the rights or remedies to which it is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by KLANG of any default shall not constitute a waiver of any subsequent default. No waiver by KLANG of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.5 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this License that are caused by an event outside of its reasonable control.
11.6 All notices given by You to KLANG must be given to KLANG:technologies GmbH, Wespienstr. 8-10, 52062 Aachen, Germany. KLANG may give notice to You at your most recent address (be it physical or e-mail) known to KLANG, and/or through a notice posted on KLANG’s then website.
11.7 This license shall be governed and construed in accordance with the laws of Germany excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or related to this EULA shall be subject to the jurisdiction of the courts of Düsseldorf, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
- YOUR ACKNOWLEDGMENT:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE BY USING THE SOFTWARE TO BE BOUND BY ITS TERMS.
Should you have any questions concerning this EULA, please contact:
info@klang.com
or
KLANG:technologies GmbH
Wespienstr. 8-10
52062 Aachen
Germany
Phone: +49 241 89030120
General EULA – free KLANG software
Please read and make sure you understand this End User License Agreement before you download and/or install any software from this website or app store which contain software. Scroll to the bottom of this page to continue.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND KLANG:technologies GmbH of Wespienstr. 8-10, 52062 Aachen, Germany (“KLANG”) FOR THE KLANG SOFTWARE THAT ACCOMPANIES THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE WHICH MAY ALSO INCLUDE ASSOCIATED MEDIA, “ONLINE” OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES AND DOWNLOADED SOFTWARE AND ANY UPDATES (“SOFTWARE”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
If You do not agree to the following terms, or do not fulfil the requirements set out in this EULA, no licence is granted to You by this EULA and You may not use, install or download the Software (and any copies of the Software that You do hold must be deleted or destroyed).
- GRANT OF LICENCE.
1.1 In consideration of your compliance with these terms, KLANG grants to You the non-exclusive right to install and/or use the Software as specified in this EULA and in accordance with any documentation that accompanies the Software online (“ Documentation ”).
- THIRD PARTY SOFTWARE AND OPEN SOURCE SOFTWARE.
2.1 Some or all of the Software may consist of third party applications and packages which may be proprietary and / or open source software. You are obliged to comply with any additional licensing terms related to such third party applications. To the extent that this EULA contains any provision(s) which are contradictory to the terms of those third party applications and packages, the terms of those third party licenses shall apply to that Software as opposed to the terms of this EULA and the terms of this EULA shall not apply to them. Unless stated otherwise in the documentation that accompanies the Software or Product, KLANG does not provide any warranty, maintenance, technical or other support for third party applications and all warranties in the Software are disclaimed as set out in clause 9 below.
2.2 A list of the third party software, acknowledgement and licenses for each Software product can be found at https://www.klang.com/license as may be updated from time to time.
2.3 Certain software libraries and other third party software included with the Software are free software and licensed under the terms of open source licenses. You may obtain a complete source code copy of such free software under the terms of the license if applicable, as provided at https://www.klang.com/license.
2.4 To the extent that the Software links to any open source software libraries (“OSS Libraries”) that are provided to You with the Software, nothing in this EULA shall affect Your rights under the licenses on which the owner of intellectual property rights in the relevant OSS Libraries (“Third Party Licensor”) has licensed the OSS Libraries, details of which can be found at https://www.klang.com/license. To the extent that Third Party Licensors have licensed OSS Libraries on the terms of v2.1 or v3 of the GNU Lesser General Public License issued by the Free Software Foundation (the “LGPL”), those OSS Libraries are licensed to You on the terms of the relevant LGPL and are referred to, in this clause 2.4 and in clause 6.1.4, as the LGPL Libraries. You may obtain a complete copy of the source code of the LPGL Libraries without charge at https://www.klang.com/license in order that You may modify the LGPL Libraries in accordance with the relevant LGPL, together with certain object code of the Software necessary to enable You to re-link any modified LGPL Library to the Software.
- EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to U. S. export control laws, and may be subject to export or import regulations in your own and/or other countries. You agree to comply with all such regulations, and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria (as such listing may be revised from time to time) or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders.
- INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licenses associated with it. The Software is protected by copyright and other intellectual property laws and treaties. KLANG or its suppliers own or have the right to license the title, copyright, and all other intellectual property rights in the Software. You shall have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA.
- ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, or add-on components of the Software that KLANG may provide to You, including in accordance with clauses 2.2 and 2.3, or make available to You after the date You obtain your initial copy of the Software unless a further EULA is provided with these.
- LICENSEE’S UNDERTAKINGS
6.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
6.1.1 not to copy the Software or Documentation except where such copying is incidental to normal (i.e. intended) use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.2 not to translate, merge, adapt, vary or modify the Software or Documentation, except to the extent that by virtue of § 69d of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited;
6.1.3 not to permit the Software or any part of it to be combined with, or become incorporated in, any other programs, unless authorised by us in writing;
6.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that (i) by virtue of § 69e of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited, because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving interoperability of the Software with another software program; and
(b) is not unnecessarily disclosed or communicated to any third party without our prior written consent; and
(c) is not used to create any software which is substantially similar to the Software; and
(ii) the Software links to LGPL Libraries and reverse engineering of the Software is essential for debugging any modifications You have made to the LGPL Libraries.
6.1.5 where You are acting in the course of Your trade, business, craft or profession (“ Business Customer ”), not to permit the Software to be accessed through an electronic network beyond your normal place of business;
6.1.6 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
6.1.7 to supervise and control use of the Software and (where you are a Business Customer) ensure that your employees, representatives and customers use the Software in accordance with the terms of this License.
6.2 Business Customers must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises at which the Software or the Documentation is being kept or used, to the Products and other relevant computer equipment located there, and to any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this License.
- TERMINATION.
Without prejudice to any other rights, KLANG may terminate this EULA if You fail to comply with any of the terms of this EULA. In such an event, all rights granted to You under this EULA shall cease, you must cease all activities authorised by this EULA and You must destroy all copies of the Software and all of its component parts within your control.
- LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
8.1 Subject to clauses 9.3 and 9.4, KLANG warrants that the Software will perform substantially in accordance with the KLANG materials that accompany the Software for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by the laws of your territory that cannot be excluded, You are entitled to rely upon it, but only as to defects discovered during the period of this limited warranty (ninety days).
8.2 KLANG’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, UNDER THE LIMITED WARRANTY PROVIDED IN THIS CLAUSE, OR FOR ANY OTHER BREACH OF THIS EULA, OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE, SHALL BE (AT KLANG’S OPTION), (I) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE, OR (II) REPAIR OR REPLACEMENT OF THE SOFTWARE, TO THE EXTENT THAT IT DOES NOT MEET THE LIMITED WARRANTY.
8.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, a virus, or combination of the Product or Software with any other product or software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and KLANG will use reasonable efforts to provide your remedy within a reasonable time of your compliance with KLANG’s warranty remedy procedures.
- DISCLAIMERS.
9.1 The Limited Warranty that appears above is the only warranty made to You and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
9.2 Except for the Limited Warranty and to the maximum extent permitted by applicable law, KLANG and its suppliers provide the Software and support services (if any) “AS IS” and “WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
9.3 KLANG DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF BUGS OR ERRORS, AND THE EXISTENCE OF SUCH WILL NOT RESULT IN KLANG (i) BEING IN BREACH OF THIS EULA OR (ii) INCURRING ANY LIABILITY.
Where you are a consumer and there is any conflict between the terms of this clause 9 and applicable consumer protection law, the consumer protection law shall apply.
- LIMITATION OF LIABILITY.
10.1 To the maximum extent permitted by applicable law, and except as provided in any KLANG guarantee provided with the Software or Product and the Limited Warranty (above), KLANG and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of data, loss of business profits or business opportunity, business interruption, loss of business information or other direct, indirect, consequential or pecuniary loss) arising out of the use or inability to use the Software, even if KLANG has been advised of the possibility of such damages.
10.2 (WITHOUT PREJUDICE TO CLAUSE 8.2) IN ANY CASE KLANG’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO THE FOREGOING, KLANG’S LIABILITY FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED TO BREACHES OF RIGHTS SUBSISTING IN GERMANY.
10.3 Where you are a consumer and there is any conflict between the terms of this clause 10 and applicable consumer protection law the consumer protection law shall apply.
- GENERAL.
11.1 This EULA constitutes the entire agreement between You and KLANG relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
11.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
11.3 If any provision of this EULA is held by a competent authority to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 If KLANG fails, at any time during the term of this EULA to insist upon strict performance of any of your obligations under this EULA, or if it fails to exercise any of the rights or remedies to which it is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by KLANG of any default shall not constitute a waiver of any subsequent default. No waiver by KLANG of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.5 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this License that are caused by an event outside of its reasonable control.
11.6 All notices given by You to KLANG must be given to KLANG:technologies GmbH, Wespienstr. 8-10, 52062 Aachen, Germany. KLANG may give notice to You at your most recent address (be it physical or e-mail) known to KLANG, and/or through a notice posted on KLANG’s then website.
11.7 This license shall be governed and construed in accordance with the laws of Germany excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or related to this EULA shall be subject to the jurisdiction of the courts of Düsseldorf, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
- YOUR ACKNOWLEDGMENT:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE BY USING THE SOFTWARE TO BE BOUND BY ITS TERMS.
Should you have any questions concerning this EULA, please contact:
info@klang.com
or
KLANG:technologies GmbH
Wespienstr. 8-10
52062 Aachen
Germany
Phone: +49 241 89030120
GENERAL EULA
General EULA – FIRMWARE & UPDATES
Please read and make sure you understand this End User License Agreement before you use our products. Scroll to the bottom of this page to continue.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND KLANG:technologies GmbH of Wespienstr. 8-10, 52062 Aachen, Germany (“KLANG”) FOR THE KLANG SOFTWARE THAT ACCOMPANIES THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE/FIRMWARE WHICH MAY ALSO INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS “ONLINE” OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES AND DOWNLOADED SOFTWARE AND ANY UPDATES (“SOFTWARE”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
If You do not agree to the following terms, or do not fulfil the requirements set out in this EULA, no licence is granted to You by this EULA and You may not use, install or download the Software (and any copies of the Software that You do hold must be deleted or destroyed).
- GRANT OF LICENCE.
1.1 In consideration of your paying any price charged for the Software or product sold by KLANG to You which contained the Software at point of sale (“Product”) and/or your compliance with these terms, KLANG grants to You the non-exclusive right to install and/or use the Software as specified in this EULA and in accordance with any documentation that accompanies the Product online or in paper format (and which includes, without limitation, the terms and conditions upon which KLANG sold the Product to You) (“ Documentation ”).
- THIRD PARTY SOFTWARE AND OPEN SOURCE SOFTWARE.
2.1 Some or all of the Software may consist of third party applications and packages which may be proprietary and / or open source software. You are obliged to comply with any additional licensing terms related to such third party applications. To the extent that this EULA contains any provision(s) which are contradictory to the terms of those third party applications and packages, the terms of those third party licenses shall apply to that Software as opposed to the terms of this EULA and the terms of this EULA shall not apply to them. Unless stated otherwise in the documentation that accompanies the Software or Product, KLANG does not provide any warranty, maintenance, technical or other support for third party applications and all warranties in the Software are disclaimed as set out in clause 9 below.
2.2 A list of the third party software, acknowledgement and licenses for each Product can be found at https://www.klang.com/license as may be updated from time to time.
2.3 Certain software libraries and other third party software included with the Software are free software and licensed under the terms of open source licenses. You may obtain a complete source code copy of such free software under the terms of the license if applicable, as provided at https://www.klang.com/license.
2.4 To the extent that the Software links to any open source software libraries (“OSS Libraries”) that are provided to You with the Software, nothing in this EULA shall affect Your rights under the licenses on which the owner of intellectual property rights in the relevant OSS Libraries (“Third Party Licensor”) has licensed the OSS Libraries, details of which can be found at https://www.klang.com/license. To the extent that Third Party Licensors have licensed OSS Libraries on the terms of v2.1 or v3 of the GNU Lesser General Public License issued by the Free Software Foundation (the “LGPL”), those OSS Libraries are licensed to You on the terms of the relevant LGPL and are referred to, in this clause 2.4 and in clause 6.1.4, as the LGPL Libraries. You may obtain a complete copy of the source code of the LPGL Libraries without charge at https://www.klang.com/license in order that You may modify the LGPL Libraries in accordance with the relevant LGPL, together with certain object code of the Software necessary to enable You to re-link any modified LGPL Library to the Software.
- EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to U. S. export control laws, and may be subject to export or import regulations in your own and/or other countries. You agree to comply with all such regulations, and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria (as such listing may be revised from time to time) or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders.
- INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licenses associated with it. The Software is protected by copyright and other intellectual property laws and treaties. KLANG or its suppliers own or have the right to license the title, copyright, and all other intellectual property rights in the Software. You shall have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA.
- ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, or add-on components of the Software that KLANG may provide to You, including in accordance with clauses 2.2 and 2.3, or make available to You after the date You obtain your initial copy of the Software unless a further EULA is provided with these.
- LICENSEE’S UNDERTAKINGS
6.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
6.1.1 not to copy the Software or Documentation except where such copying is incidental to normal (i.e. intended) use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.2 not to translate, merge, adapt, vary or modify the Software or Documentation, except to the extent that by virtue of § 69d of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited;
6.1.3 not to permit the Software or any part of it to be combined with, or become incorporated in, any other programs, unless authorised by us in writing;
6.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that (i) by virtue of § 69e of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited, because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving interoperability of the Software with another software program; and
(b) is not unnecessarily disclosed or communicated to any third party without our prior written consent; and
(c) is not used to create any software which is substantially similar to the Software; and
(ii) the Software links to LGPL Libraries and reverse engineering of the Software is essential for debugging any modifications You have made to the LGPL Libraries.
6.1.5 where You are acting in the course of Your trade, business, craft or profession (“ Business Customer ”), not to permit the Software to be accessed through an electronic network beyond your normal place of business;
6.1.6 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
6.1.7 to supervise and control use of the Software and (where you are a Business Customer) ensure that your employees, representatives and customers use the Software in accordance with the terms of this License.
6.2 Business Customers must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises at which the Software or the Documentation is being kept or used, to the Products and other relevant computer equipment located there, and to any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this License.
- TERMINATION.
Without prejudice to any other rights, KLANG may terminate this EULA if You fail to comply with any of the terms of this EULA. In such an event, all rights granted to You under this EULA shall cease, you must cease all activities authorised by this EULA and You must destroy all copies of the Software and all of its component parts within your control.
- LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
8.1 Subject to clauses 9.3 and 9.4, KLANG warrants that the Software will perform substantially in accordance with the KLANG materials that accompany the Software for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by the laws of your territory that cannot be excluded, You are entitled to rely upon it, but only as to defects discovered during the period of this limited warranty (ninety days).
8.2 KLANG’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, UNDER THE LIMITED WARRANTY PROVIDED IN THIS CLAUSE, OR FOR ANY OTHER BREACH OF THIS EULA, OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE, SHALL BE (AT KLANG’S OPTION), (I) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE, OR (II) REPAIR OR REPLACEMENT OF THE SOFTWARE, TO THE EXTENT THAT IT DOES NOT MEET THE LIMITED WARRANTY.
8.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, a virus, or combination of the Product or Software with any other product or software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and KLANG will use reasonable efforts to provide your remedy within a reasonable time of your compliance with KLANG’s warranty remedy procedures.
- DISCLAIMERS.
9.1 The Limited Warranty that appears above is the only warranty made to You and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
9.2 Except for the Limited Warranty and to the maximum extent permitted by applicable law, KLANG and its suppliers provide the Software and support services (if any) “AS IS” and “WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
9.3 KLANG DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF BUGS OR ERRORS, AND THE EXISTENCE OF SUCH WILL NOT RESULT IN KLANG (i) BEING IN BREACH OF THIS EULA OR (ii) INCURRING ANY LIABILITY.
Where you are a consumer and there is any conflict between the terms of this clause 9 and applicable consumer protection law, the consumer protection law shall apply.
- LIMITATION OF LIABILITY.
10.1 To the maximum extent permitted by applicable law, and except as provided in any KLANG guarantee provided with the Software or Product and the Limited Warranty (above), KLANG and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of data, loss of business profits or business opportunity, business interruption, loss of business information or other direct, indirect, consequential or pecuniary loss) arising out of the use or inability to use the Software, even if KLANG has been advised of the possibility of such damages.
10.2 (WITHOUT PREJUDICE TO CLAUSE 8.2) IN ANY CASE KLANG’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO THE FOREGOING, KLANG’S LIABILITY FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED TO BREACHES OF RIGHTS SUBSISTING IN GERMANY.
10.3 Where you are a consumer and there is any conflict between the terms of this clause 10 and applicable consumer protection law the consumer protection law shall apply.
- GENERAL.
11.1 Save where the Software forms part of a Product, this EULA constitutes the entire agreement between You and KLANG relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
11.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
11.3 If any provision of this EULA is held by a competent authority to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 If KLANG fails, at any time during the term of this EULA to insist upon strict performance of any of your obligations under this EULA, or if it fails to exercise any of the rights or remedies to which it is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by KLANG of any default shall not constitute a waiver of any subsequent default. No waiver by KLANG of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.5 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this License that are caused by an event outside of its reasonable control.
11.6 All notices given by You to KLANG must be given to KLANG:technologies GmbH, Wespienstr. 8-10, 52062 Aachen, Germany. KLANG may give notice to You at your most recent address (be it physical or e-mail) known to KLANG, and/or through a notice posted on KLANG’s then website.
11.7 This license shall be governed and construed in accordance with the laws of Germany excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or related to this EULA shall be subject to the jurisdiction of the courts of Düsseldorf, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
- YOUR ACKNOWLEDGMENT:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE BY USING THE SOFTWARE TO BE BOUND BY ITS TERMS.
Should you have any questions concerning this EULA, please contact:
info@klang.com
or
KLANG:technologies GmbH
Wespienstr. 8-10
52062 Aachen
Germany
Phone: +49 241 89030120
General EULA – free KLANG software
Please read and make sure you understand this End User License Agreement before you download and/or install any software from this website or app store which contain software. Scroll to the bottom of this page to continue.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND KLANG:technologies GmbH of Wespienstr. 8-10, 52062 Aachen, Germany (“KLANG”) FOR THE KLANG SOFTWARE THAT ACCOMPANIES THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE WHICH MAY ALSO INCLUDE ASSOCIATED MEDIA, “ONLINE” OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES AND DOWNLOADED SOFTWARE AND ANY UPDATES (“SOFTWARE”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
If You do not agree to the following terms, or do not fulfil the requirements set out in this EULA, no licence is granted to You by this EULA and You may not use, install or download the Software (and any copies of the Software that You do hold must be deleted or destroyed).
- GRANT OF LICENCE.
1.1 In consideration of your compliance with these terms, KLANG grants to You the non-exclusive right to install and/or use the Software as specified in this EULA and in accordance with any documentation that accompanies the Software online (“ Documentation ”).
- THIRD PARTY SOFTWARE AND OPEN SOURCE SOFTWARE.
2.1 Some or all of the Software may consist of third party applications and packages which may be proprietary and / or open source software. You are obliged to comply with any additional licensing terms related to such third party applications. To the extent that this EULA contains any provision(s) which are contradictory to the terms of those third party applications and packages, the terms of those third party licenses shall apply to that Software as opposed to the terms of this EULA and the terms of this EULA shall not apply to them. Unless stated otherwise in the documentation that accompanies the Software or Product, KLANG does not provide any warranty, maintenance, technical or other support for third party applications and all warranties in the Software are disclaimed as set out in clause 9 below.
2.2 A list of the third party software, acknowledgement and licenses for each Software product can be found at https://www.klang.com/license as may be updated from time to time.
2.3 Certain software libraries and other third party software included with the Software are free software and licensed under the terms of open source licenses. You may obtain a complete source code copy of such free software under the terms of the license if applicable, as provided at https://www.klang.com/license.
2.4 To the extent that the Software links to any open source software libraries (“OSS Libraries”) that are provided to You with the Software, nothing in this EULA shall affect Your rights under the licenses on which the owner of intellectual property rights in the relevant OSS Libraries (“Third Party Licensor”) has licensed the OSS Libraries, details of which can be found at https://www.klang.com/license. To the extent that Third Party Licensors have licensed OSS Libraries on the terms of v2.1 or v3 of the GNU Lesser General Public License issued by the Free Software Foundation (the “LGPL”), those OSS Libraries are licensed to You on the terms of the relevant LGPL and are referred to, in this clause 2.4 and in clause 6.1.4, as the LGPL Libraries. You may obtain a complete copy of the source code of the LPGL Libraries without charge at https://www.klang.com/license in order that You may modify the LGPL Libraries in accordance with the relevant LGPL, together with certain object code of the Software necessary to enable You to re-link any modified LGPL Library to the Software.
- EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to U. S. export control laws, and may be subject to export or import regulations in your own and/or other countries. You agree to comply with all such regulations, and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria (as such listing may be revised from time to time) or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders.
- INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licenses associated with it. The Software is protected by copyright and other intellectual property laws and treaties. KLANG or its suppliers own or have the right to license the title, copyright, and all other intellectual property rights in the Software. You shall have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA.
- ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, or add-on components of the Software that KLANG may provide to You, including in accordance with clauses 2.2 and 2.3, or make available to You after the date You obtain your initial copy of the Software unless a further EULA is provided with these.
- LICENSEE’S UNDERTAKINGS
6.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
6.1.1 not to copy the Software or Documentation except where such copying is incidental to normal (i.e. intended) use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.2 not to translate, merge, adapt, vary or modify the Software or Documentation, except to the extent that by virtue of § 69d of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited;
6.1.3 not to permit the Software or any part of it to be combined with, or become incorporated in, any other programs, unless authorised by us in writing;
6.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that (i) by virtue of § 69e of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited, because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving interoperability of the Software with another software program; and
(b) is not unnecessarily disclosed or communicated to any third party without our prior written consent; and
(c) is not used to create any software which is substantially similar to the Software; and
(ii) the Software links to LGPL Libraries and reverse engineering of the Software is essential for debugging any modifications You have made to the LGPL Libraries.
6.1.5 where You are acting in the course of Your trade, business, craft or profession (“ Business Customer ”), not to permit the Software to be accessed through an electronic network beyond your normal place of business;
6.1.6 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
6.1.7 to supervise and control use of the Software and (where you are a Business Customer) ensure that your employees, representatives and customers use the Software in accordance with the terms of this License.
6.2 Business Customers must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises at which the Software or the Documentation is being kept or used, to the Products and other relevant computer equipment located there, and to any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this License.
- TERMINATION.
Without prejudice to any other rights, KLANG may terminate this EULA if You fail to comply with any of the terms of this EULA. In such an event, all rights granted to You under this EULA shall cease, you must cease all activities authorised by this EULA and You must destroy all copies of the Software and all of its component parts within your control.
- LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
8.1 Subject to clauses 9.3 and 9.4, KLANG warrants that the Software will perform substantially in accordance with the KLANG materials that accompany the Software for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by the laws of your territory that cannot be excluded, You are entitled to rely upon it, but only as to defects discovered during the period of this limited warranty (ninety days).
8.2 KLANG’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, UNDER THE LIMITED WARRANTY PROVIDED IN THIS CLAUSE, OR FOR ANY OTHER BREACH OF THIS EULA, OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE, SHALL BE (AT KLANG’S OPTION), (I) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE, OR (II) REPAIR OR REPLACEMENT OF THE SOFTWARE, TO THE EXTENT THAT IT DOES NOT MEET THE LIMITED WARRANTY.
8.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, a virus, or combination of the Product or Software with any other product or software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and KLANG will use reasonable efforts to provide your remedy within a reasonable time of your compliance with KLANG’s warranty remedy procedures.
- DISCLAIMERS.
9.1 The Limited Warranty that appears above is the only warranty made to You and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
9.2 Except for the Limited Warranty and to the maximum extent permitted by applicable law, KLANG and its suppliers provide the Software and support services (if any) “AS IS” and “WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
9.3 KLANG DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF BUGS OR ERRORS, AND THE EXISTENCE OF SUCH WILL NOT RESULT IN KLANG (i) BEING IN BREACH OF THIS EULA OR (ii) INCURRING ANY LIABILITY.
Where you are a consumer and there is any conflict between the terms of this clause 9 and applicable consumer protection law, the consumer protection law shall apply.
- LIMITATION OF LIABILITY.
10.1 To the maximum extent permitted by applicable law, and except as provided in any KLANG guarantee provided with the Software or Product and the Limited Warranty (above), KLANG and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of data, loss of business profits or business opportunity, business interruption, loss of business information or other direct, indirect, consequential or pecuniary loss) arising out of the use or inability to use the Software, even if KLANG has been advised of the possibility of such damages.
10.2 (WITHOUT PREJUDICE TO CLAUSE 8.2) IN ANY CASE KLANG’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO THE FOREGOING, KLANG’S LIABILITY FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED TO BREACHES OF RIGHTS SUBSISTING IN GERMANY.
10.3 Where you are a consumer and there is any conflict between the terms of this clause 10 and applicable consumer protection law the consumer protection law shall apply.
- GENERAL.
11.1 This EULA constitutes the entire agreement between You and KLANG relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
11.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
11.3 If any provision of this EULA is held by a competent authority to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 If KLANG fails, at any time during the term of this EULA to insist upon strict performance of any of your obligations under this EULA, or if it fails to exercise any of the rights or remedies to which it is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by KLANG of any default shall not constitute a waiver of any subsequent default. No waiver by KLANG of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.5 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this License that are caused by an event outside of its reasonable control.
11.6 All notices given by You to KLANG must be given to KLANG:technologies GmbH, Wespienstr. 8-10, 52062 Aachen, Germany. KLANG may give notice to You at your most recent address (be it physical or e-mail) known to KLANG, and/or through a notice posted on KLANG’s then website.
11.7 This license shall be governed and construed in accordance with the laws of Germany excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or related to this EULA shall be subject to the jurisdiction of the courts of Düsseldorf, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
- YOUR ACKNOWLEDGMENT:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE BY USING THE SOFTWARE TO BE BOUND BY ITS TERMS.
Should you have any questions concerning this EULA, please contact:
info@klang.com
or
KLANG:technologies GmbH
Wespienstr. 8-10
52062 Aachen
Germany
Phone: +49 241 89030120
GENERAL EULA
General EULA – FIRMWARE & UPDATES
Please read and make sure you understand this End User License Agreement before you use our products. Scroll to the bottom of this page to continue.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND KLANG:technologies GmbH of Wespienstr. 8-10, 52062 Aachen, Germany (“KLANG”) FOR THE KLANG SOFTWARE THAT ACCOMPANIES THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE/FIRMWARE WHICH MAY ALSO INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS “ONLINE” OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES AND DOWNLOADED SOFTWARE AND ANY UPDATES (“SOFTWARE”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
If You do not agree to the following terms, or do not fulfil the requirements set out in this EULA, no licence is granted to You by this EULA and You may not use, install or download the Software (and any copies of the Software that You do hold must be deleted or destroyed).
- GRANT OF LICENCE.
1.1 In consideration of your paying any price charged for the Software or product sold by KLANG to You which contained the Software at point of sale (“Product”) and/or your compliance with these terms, KLANG grants to You the non-exclusive right to install and/or use the Software as specified in this EULA and in accordance with any documentation that accompanies the Product online or in paper format (and which includes, without limitation, the terms and conditions upon which KLANG sold the Product to You) (“ Documentation ”).
- THIRD PARTY SOFTWARE AND OPEN SOURCE SOFTWARE.
2.1 Some or all of the Software may consist of third party applications and packages which may be proprietary and / or open source software. You are obliged to comply with any additional licensing terms related to such third party applications. To the extent that this EULA contains any provision(s) which are contradictory to the terms of those third party applications and packages, the terms of those third party licenses shall apply to that Software as opposed to the terms of this EULA and the terms of this EULA shall not apply to them. Unless stated otherwise in the documentation that accompanies the Software or Product, KLANG does not provide any warranty, maintenance, technical or other support for third party applications and all warranties in the Software are disclaimed as set out in clause 9 below.
2.2 A list of the third party software, acknowledgement and licenses for each Product can be found at https://www.klang.com/license as may be updated from time to time.
2.3 Certain software libraries and other third party software included with the Software are free software and licensed under the terms of open source licenses. You may obtain a complete source code copy of such free software under the terms of the license if applicable, as provided at https://www.klang.com/license.
2.4 To the extent that the Software links to any open source software libraries (“OSS Libraries”) that are provided to You with the Software, nothing in this EULA shall affect Your rights under the licenses on which the owner of intellectual property rights in the relevant OSS Libraries (“Third Party Licensor”) has licensed the OSS Libraries, details of which can be found at https://www.klang.com/license. To the extent that Third Party Licensors have licensed OSS Libraries on the terms of v2.1 or v3 of the GNU Lesser General Public License issued by the Free Software Foundation (the “LGPL”), those OSS Libraries are licensed to You on the terms of the relevant LGPL and are referred to, in this clause 2.4 and in clause 6.1.4, as the LGPL Libraries. You may obtain a complete copy of the source code of the LPGL Libraries without charge at https://www.klang.com/license in order that You may modify the LGPL Libraries in accordance with the relevant LGPL, together with certain object code of the Software necessary to enable You to re-link any modified LGPL Library to the Software.
- EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to U. S. export control laws, and may be subject to export or import regulations in your own and/or other countries. You agree to comply with all such regulations, and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria (as such listing may be revised from time to time) or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders.
- INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licenses associated with it. The Software is protected by copyright and other intellectual property laws and treaties. KLANG or its suppliers own or have the right to license the title, copyright, and all other intellectual property rights in the Software. You shall have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA.
- ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, or add-on components of the Software that KLANG may provide to You, including in accordance with clauses 2.2 and 2.3, or make available to You after the date You obtain your initial copy of the Software unless a further EULA is provided with these.
- LICENSEE’S UNDERTAKINGS
6.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
6.1.1 not to copy the Software or Documentation except where such copying is incidental to normal (i.e. intended) use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.2 not to translate, merge, adapt, vary or modify the Software or Documentation, except to the extent that by virtue of § 69d of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited;
6.1.3 not to permit the Software or any part of it to be combined with, or become incorporated in, any other programs, unless authorised by us in writing;
6.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that (i) by virtue of § 69e of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited, because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving interoperability of the Software with another software program; and
(b) is not unnecessarily disclosed or communicated to any third party without our prior written consent; and
(c) is not used to create any software which is substantially similar to the Software; and
(ii) the Software links to LGPL Libraries and reverse engineering of the Software is essential for debugging any modifications You have made to the LGPL Libraries.
6.1.5 where You are acting in the course of Your trade, business, craft or profession (“ Business Customer ”), not to permit the Software to be accessed through an electronic network beyond your normal place of business;
6.1.6 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
6.1.7 to supervise and control use of the Software and (where you are a Business Customer) ensure that your employees, representatives and customers use the Software in accordance with the terms of this License.
6.2 Business Customers must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises at which the Software or the Documentation is being kept or used, to the Products and other relevant computer equipment located there, and to any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this License.
- TERMINATION.
Without prejudice to any other rights, KLANG may terminate this EULA if You fail to comply with any of the terms of this EULA. In such an event, all rights granted to You under this EULA shall cease, you must cease all activities authorised by this EULA and You must destroy all copies of the Software and all of its component parts within your control.
- LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
8.1 Subject to clauses 9.3 and 9.4, KLANG warrants that the Software will perform substantially in accordance with the KLANG materials that accompany the Software for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by the laws of your territory that cannot be excluded, You are entitled to rely upon it, but only as to defects discovered during the period of this limited warranty (ninety days).
8.2 KLANG’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, UNDER THE LIMITED WARRANTY PROVIDED IN THIS CLAUSE, OR FOR ANY OTHER BREACH OF THIS EULA, OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE, SHALL BE (AT KLANG’S OPTION), (I) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE, OR (II) REPAIR OR REPLACEMENT OF THE SOFTWARE, TO THE EXTENT THAT IT DOES NOT MEET THE LIMITED WARRANTY.
8.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, a virus, or combination of the Product or Software with any other product or software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and KLANG will use reasonable efforts to provide your remedy within a reasonable time of your compliance with KLANG’s warranty remedy procedures.
- DISCLAIMERS.
9.1 The Limited Warranty that appears above is the only warranty made to You and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
9.2 Except for the Limited Warranty and to the maximum extent permitted by applicable law, KLANG and its suppliers provide the Software and support services (if any) “AS IS” and “WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
9.3 KLANG DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF BUGS OR ERRORS, AND THE EXISTENCE OF SUCH WILL NOT RESULT IN KLANG (i) BEING IN BREACH OF THIS EULA OR (ii) INCURRING ANY LIABILITY.
Where you are a consumer and there is any conflict between the terms of this clause 9 and applicable consumer protection law, the consumer protection law shall apply.
- LIMITATION OF LIABILITY.
10.1 To the maximum extent permitted by applicable law, and except as provided in any KLANG guarantee provided with the Software or Product and the Limited Warranty (above), KLANG and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of data, loss of business profits or business opportunity, business interruption, loss of business information or other direct, indirect, consequential or pecuniary loss) arising out of the use or inability to use the Software, even if KLANG has been advised of the possibility of such damages.
10.2 (WITHOUT PREJUDICE TO CLAUSE 8.2) IN ANY CASE KLANG’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO THE FOREGOING, KLANG’S LIABILITY FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED TO BREACHES OF RIGHTS SUBSISTING IN GERMANY.
10.3 Where you are a consumer and there is any conflict between the terms of this clause 10 and applicable consumer protection law the consumer protection law shall apply.
- GENERAL.
11.1 Save where the Software forms part of a Product, this EULA constitutes the entire agreement between You and KLANG relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
11.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
11.3 If any provision of this EULA is held by a competent authority to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 If KLANG fails, at any time during the term of this EULA to insist upon strict performance of any of your obligations under this EULA, or if it fails to exercise any of the rights or remedies to which it is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by KLANG of any default shall not constitute a waiver of any subsequent default. No waiver by KLANG of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.5 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this License that are caused by an event outside of its reasonable control.
11.6 All notices given by You to KLANG must be given to KLANG:technologies GmbH, Wespienstr. 8-10, 52062 Aachen, Germany. KLANG may give notice to You at your most recent address (be it physical or e-mail) known to KLANG, and/or through a notice posted on KLANG’s then website.
11.7 This license shall be governed and construed in accordance with the laws of Germany excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or related to this EULA shall be subject to the jurisdiction of the courts of Düsseldorf, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
- YOUR ACKNOWLEDGMENT:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE BY USING THE SOFTWARE TO BE BOUND BY ITS TERMS.
Should you have any questions concerning this EULA, please contact:
info@klang.com
or
KLANG:technologies GmbH
Wespienstr. 8-10
52062 Aachen
Germany
Phone: +49 241 89030120
General EULA – free KLANG software
Please read and make sure you understand this End User License Agreement before you download and/or install any software from this website or app store which contain software. Scroll to the bottom of this page to continue.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND KLANG:technologies GmbH of Wespienstr. 8-10, 52062 Aachen, Germany (“KLANG”) FOR THE KLANG SOFTWARE THAT ACCOMPANIES THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE WHICH MAY ALSO INCLUDE ASSOCIATED MEDIA, “ONLINE” OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES AND DOWNLOADED SOFTWARE AND ANY UPDATES (“SOFTWARE”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
If You do not agree to the following terms, or do not fulfil the requirements set out in this EULA, no licence is granted to You by this EULA and You may not use, install or download the Software (and any copies of the Software that You do hold must be deleted or destroyed).
- GRANT OF LICENCE.
1.1 In consideration of your compliance with these terms, KLANG grants to You the non-exclusive right to install and/or use the Software as specified in this EULA and in accordance with any documentation that accompanies the Software online (“ Documentation ”).
- THIRD PARTY SOFTWARE AND OPEN SOURCE SOFTWARE.
2.1 Some or all of the Software may consist of third party applications and packages which may be proprietary and / or open source software. You are obliged to comply with any additional licensing terms related to such third party applications. To the extent that this EULA contains any provision(s) which are contradictory to the terms of those third party applications and packages, the terms of those third party licenses shall apply to that Software as opposed to the terms of this EULA and the terms of this EULA shall not apply to them. Unless stated otherwise in the documentation that accompanies the Software or Product, KLANG does not provide any warranty, maintenance, technical or other support for third party applications and all warranties in the Software are disclaimed as set out in clause 9 below.
2.2 A list of the third party software, acknowledgement and licenses for each Software product can be found at https://www.klang.com/license as may be updated from time to time.
2.3 Certain software libraries and other third party software included with the Software are free software and licensed under the terms of open source licenses. You may obtain a complete source code copy of such free software under the terms of the license if applicable, as provided at https://www.klang.com/license.
2.4 To the extent that the Software links to any open source software libraries (“OSS Libraries”) that are provided to You with the Software, nothing in this EULA shall affect Your rights under the licenses on which the owner of intellectual property rights in the relevant OSS Libraries (“Third Party Licensor”) has licensed the OSS Libraries, details of which can be found at https://www.klang.com/license. To the extent that Third Party Licensors have licensed OSS Libraries on the terms of v2.1 or v3 of the GNU Lesser General Public License issued by the Free Software Foundation (the “LGPL”), those OSS Libraries are licensed to You on the terms of the relevant LGPL and are referred to, in this clause 2.4 and in clause 6.1.4, as the LGPL Libraries. You may obtain a complete copy of the source code of the LPGL Libraries without charge at https://www.klang.com/license in order that You may modify the LGPL Libraries in accordance with the relevant LGPL, together with certain object code of the Software necessary to enable You to re-link any modified LGPL Library to the Software.
- EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to U. S. export control laws, and may be subject to export or import regulations in your own and/or other countries. You agree to comply with all such regulations, and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria (as such listing may be revised from time to time) or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders.
- INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licenses associated with it. The Software is protected by copyright and other intellectual property laws and treaties. KLANG or its suppliers own or have the right to license the title, copyright, and all other intellectual property rights in the Software. You shall have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA.
- ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, or add-on components of the Software that KLANG may provide to You, including in accordance with clauses 2.2 and 2.3, or make available to You after the date You obtain your initial copy of the Software unless a further EULA is provided with these.
- LICENSEE’S UNDERTAKINGS
6.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
6.1.1 not to copy the Software or Documentation except where such copying is incidental to normal (i.e. intended) use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.2 not to translate, merge, adapt, vary or modify the Software or Documentation, except to the extent that by virtue of § 69d of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited;
6.1.3 not to permit the Software or any part of it to be combined with, or become incorporated in, any other programs, unless authorised by us in writing;
6.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that (i) by virtue of § 69e of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited, because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving interoperability of the Software with another software program; and
(b) is not unnecessarily disclosed or communicated to any third party without our prior written consent; and
(c) is not used to create any software which is substantially similar to the Software; and
(ii) the Software links to LGPL Libraries and reverse engineering of the Software is essential for debugging any modifications You have made to the LGPL Libraries.
6.1.5 where You are acting in the course of Your trade, business, craft or profession (“ Business Customer ”), not to permit the Software to be accessed through an electronic network beyond your normal place of business;
6.1.6 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
6.1.7 to supervise and control use of the Software and (where you are a Business Customer) ensure that your employees, representatives and customers use the Software in accordance with the terms of this License.
6.2 Business Customers must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises at which the Software or the Documentation is being kept or used, to the Products and other relevant computer equipment located there, and to any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this License.
- TERMINATION.
Without prejudice to any other rights, KLANG may terminate this EULA if You fail to comply with any of the terms of this EULA. In such an event, all rights granted to You under this EULA shall cease, you must cease all activities authorised by this EULA and You must destroy all copies of the Software and all of its component parts within your control.
- LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
8.1 Subject to clauses 9.3 and 9.4, KLANG warrants that the Software will perform substantially in accordance with the KLANG materials that accompany the Software for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by the laws of your territory that cannot be excluded, You are entitled to rely upon it, but only as to defects discovered during the period of this limited warranty (ninety days).
8.2 KLANG’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, UNDER THE LIMITED WARRANTY PROVIDED IN THIS CLAUSE, OR FOR ANY OTHER BREACH OF THIS EULA, OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE, SHALL BE (AT KLANG’S OPTION), (I) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE, OR (II) REPAIR OR REPLACEMENT OF THE SOFTWARE, TO THE EXTENT THAT IT DOES NOT MEET THE LIMITED WARRANTY.
8.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, a virus, or combination of the Product or Software with any other product or software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and KLANG will use reasonable efforts to provide your remedy within a reasonable time of your compliance with KLANG’s warranty remedy procedures.
- DISCLAIMERS.
9.1 The Limited Warranty that appears above is the only warranty made to You and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
9.2 Except for the Limited Warranty and to the maximum extent permitted by applicable law, KLANG and its suppliers provide the Software and support services (if any) “AS IS” and “WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
9.3 KLANG DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF BUGS OR ERRORS, AND THE EXISTENCE OF SUCH WILL NOT RESULT IN KLANG (i) BEING IN BREACH OF THIS EULA OR (ii) INCURRING ANY LIABILITY.
Where you are a consumer and there is any conflict between the terms of this clause 9 and applicable consumer protection law, the consumer protection law shall apply.
- LIMITATION OF LIABILITY.
10.1 To the maximum extent permitted by applicable law, and except as provided in any KLANG guarantee provided with the Software or Product and the Limited Warranty (above), KLANG and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of data, loss of business profits or business opportunity, business interruption, loss of business information or other direct, indirect, consequential or pecuniary loss) arising out of the use or inability to use the Software, even if KLANG has been advised of the possibility of such damages.
10.2 (WITHOUT PREJUDICE TO CLAUSE 8.2) IN ANY CASE KLANG’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO THE FOREGOING, KLANG’S LIABILITY FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED TO BREACHES OF RIGHTS SUBSISTING IN GERMANY.
10.3 Where you are a consumer and there is any conflict between the terms of this clause 10 and applicable consumer protection law the consumer protection law shall apply.
- GENERAL.
11.1 This EULA constitutes the entire agreement between You and KLANG relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
11.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
11.3 If any provision of this EULA is held by a competent authority to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 If KLANG fails, at any time during the term of this EULA to insist upon strict performance of any of your obligations under this EULA, or if it fails to exercise any of the rights or remedies to which it is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by KLANG of any default shall not constitute a waiver of any subsequent default. No waiver by KLANG of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.5 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this License that are caused by an event outside of its reasonable control.
11.6 All notices given by You to KLANG must be given to KLANG:technologies GmbH, Wespienstr. 8-10, 52062 Aachen, Germany. KLANG may give notice to You at your most recent address (be it physical or e-mail) known to KLANG, and/or through a notice posted on KLANG’s then website.
11.7 This license shall be governed and construed in accordance with the laws of Germany excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or related to this EULA shall be subject to the jurisdiction of the courts of Düsseldorf, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
- YOUR ACKNOWLEDGMENT:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE BY USING THE SOFTWARE TO BE BOUND BY ITS TERMS.
Should you have any questions concerning this EULA, please contact:
info@klang.com
or
KLANG:technologies GmbH
Wespienstr. 8-10
52062 Aachen
Germany
Phone: +49 241 89030120
GENERAL EULA
General EULA – FIRMWARE & UPDATES
Please read and make sure you understand this End User License Agreement before you use our products. Scroll to the bottom of this page to continue.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND KLANG:technologies GmbH of Wespienstr. 8-10, 52062 Aachen, Germany (“KLANG”) FOR THE KLANG SOFTWARE THAT ACCOMPANIES THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE/FIRMWARE WHICH MAY ALSO INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS “ONLINE” OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES AND DOWNLOADED SOFTWARE AND ANY UPDATES (“SOFTWARE”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
If You do not agree to the following terms, or do not fulfil the requirements set out in this EULA, no licence is granted to You by this EULA and You may not use, install or download the Software (and any copies of the Software that You do hold must be deleted or destroyed).
- GRANT OF LICENCE.
1.1 In consideration of your paying any price charged for the Software or product sold by KLANG to You which contained the Software at point of sale (“Product”) and/or your compliance with these terms, KLANG grants to You the non-exclusive right to install and/or use the Software as specified in this EULA and in accordance with any documentation that accompanies the Product online or in paper format (and which includes, without limitation, the terms and conditions upon which KLANG sold the Product to You) (“ Documentation ”).
- THIRD PARTY SOFTWARE AND OPEN SOURCE SOFTWARE.
2.1 Some or all of the Software may consist of third party applications and packages which may be proprietary and / or open source software. You are obliged to comply with any additional licensing terms related to such third party applications. To the extent that this EULA contains any provision(s) which are contradictory to the terms of those third party applications and packages, the terms of those third party licenses shall apply to that Software as opposed to the terms of this EULA and the terms of this EULA shall not apply to them. Unless stated otherwise in the documentation that accompanies the Software or Product, KLANG does not provide any warranty, maintenance, technical or other support for third party applications and all warranties in the Software are disclaimed as set out in clause 9 below.
2.2 A list of the third party software, acknowledgement and licenses for each Product can be found at https://www.klang.com/license as may be updated from time to time.
2.3 Certain software libraries and other third party software included with the Software are free software and licensed under the terms of open source licenses. You may obtain a complete source code copy of such free software under the terms of the license if applicable, as provided at https://www.klang.com/license.
2.4 To the extent that the Software links to any open source software libraries (“OSS Libraries”) that are provided to You with the Software, nothing in this EULA shall affect Your rights under the licenses on which the owner of intellectual property rights in the relevant OSS Libraries (“Third Party Licensor”) has licensed the OSS Libraries, details of which can be found at https://www.klang.com/license. To the extent that Third Party Licensors have licensed OSS Libraries on the terms of v2.1 or v3 of the GNU Lesser General Public License issued by the Free Software Foundation (the “LGPL”), those OSS Libraries are licensed to You on the terms of the relevant LGPL and are referred to, in this clause 2.4 and in clause 6.1.4, as the LGPL Libraries. You may obtain a complete copy of the source code of the LPGL Libraries without charge at https://www.klang.com/license in order that You may modify the LGPL Libraries in accordance with the relevant LGPL, together with certain object code of the Software necessary to enable You to re-link any modified LGPL Library to the Software.
- EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to U. S. export control laws, and may be subject to export or import regulations in your own and/or other countries. You agree to comply with all such regulations, and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria (as such listing may be revised from time to time) or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders.
- INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licenses associated with it. The Software is protected by copyright and other intellectual property laws and treaties. KLANG or its suppliers own or have the right to license the title, copyright, and all other intellectual property rights in the Software. You shall have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA.
- ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, or add-on components of the Software that KLANG may provide to You, including in accordance with clauses 2.2 and 2.3, or make available to You after the date You obtain your initial copy of the Software unless a further EULA is provided with these.
- LICENSEE’S UNDERTAKINGS
6.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
6.1.1 not to copy the Software or Documentation except where such copying is incidental to normal (i.e. intended) use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.2 not to translate, merge, adapt, vary or modify the Software or Documentation, except to the extent that by virtue of § 69d of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited;
6.1.3 not to permit the Software or any part of it to be combined with, or become incorporated in, any other programs, unless authorised by us in writing;
6.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that (i) by virtue of § 69e of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited, because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving interoperability of the Software with another software program; and
(b) is not unnecessarily disclosed or communicated to any third party without our prior written consent; and
(c) is not used to create any software which is substantially similar to the Software; and
(ii) the Software links to LGPL Libraries and reverse engineering of the Software is essential for debugging any modifications You have made to the LGPL Libraries.
6.1.5 where You are acting in the course of Your trade, business, craft or profession (“ Business Customer ”), not to permit the Software to be accessed through an electronic network beyond your normal place of business;
6.1.6 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
6.1.7 to supervise and control use of the Software and (where you are a Business Customer) ensure that your employees, representatives and customers use the Software in accordance with the terms of this License.
6.2 Business Customers must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises at which the Software or the Documentation is being kept or used, to the Products and other relevant computer equipment located there, and to any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this License.
- TERMINATION.
Without prejudice to any other rights, KLANG may terminate this EULA if You fail to comply with any of the terms of this EULA. In such an event, all rights granted to You under this EULA shall cease, you must cease all activities authorised by this EULA and You must destroy all copies of the Software and all of its component parts within your control.
- LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
8.1 Subject to clauses 9.3 and 9.4, KLANG warrants that the Software will perform substantially in accordance with the KLANG materials that accompany the Software for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by the laws of your territory that cannot be excluded, You are entitled to rely upon it, but only as to defects discovered during the period of this limited warranty (ninety days).
8.2 KLANG’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, UNDER THE LIMITED WARRANTY PROVIDED IN THIS CLAUSE, OR FOR ANY OTHER BREACH OF THIS EULA, OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE, SHALL BE (AT KLANG’S OPTION), (I) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE, OR (II) REPAIR OR REPLACEMENT OF THE SOFTWARE, TO THE EXTENT THAT IT DOES NOT MEET THE LIMITED WARRANTY.
8.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, a virus, or combination of the Product or Software with any other product or software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and KLANG will use reasonable efforts to provide your remedy within a reasonable time of your compliance with KLANG’s warranty remedy procedures.
- DISCLAIMERS.
9.1 The Limited Warranty that appears above is the only warranty made to You and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
9.2 Except for the Limited Warranty and to the maximum extent permitted by applicable law, KLANG and its suppliers provide the Software and support services (if any) “AS IS” and “WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
9.3 KLANG DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF BUGS OR ERRORS, AND THE EXISTENCE OF SUCH WILL NOT RESULT IN KLANG (i) BEING IN BREACH OF THIS EULA OR (ii) INCURRING ANY LIABILITY.
Where you are a consumer and there is any conflict between the terms of this clause 9 and applicable consumer protection law, the consumer protection law shall apply.
- LIMITATION OF LIABILITY.
10.1 To the maximum extent permitted by applicable law, and except as provided in any KLANG guarantee provided with the Software or Product and the Limited Warranty (above), KLANG and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of data, loss of business profits or business opportunity, business interruption, loss of business information or other direct, indirect, consequential or pecuniary loss) arising out of the use or inability to use the Software, even if KLANG has been advised of the possibility of such damages.
10.2 (WITHOUT PREJUDICE TO CLAUSE 8.2) IN ANY CASE KLANG’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO THE FOREGOING, KLANG’S LIABILITY FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED TO BREACHES OF RIGHTS SUBSISTING IN GERMANY.
10.3 Where you are a consumer and there is any conflict between the terms of this clause 10 and applicable consumer protection law the consumer protection law shall apply.
- GENERAL.
11.1 Save where the Software forms part of a Product, this EULA constitutes the entire agreement between You and KLANG relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
11.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
11.3 If any provision of this EULA is held by a competent authority to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 If KLANG fails, at any time during the term of this EULA to insist upon strict performance of any of your obligations under this EULA, or if it fails to exercise any of the rights or remedies to which it is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by KLANG of any default shall not constitute a waiver of any subsequent default. No waiver by KLANG of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.5 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this License that are caused by an event outside of its reasonable control.
11.6 All notices given by You to KLANG must be given to KLANG:technologies GmbH, Wespienstr. 8-10, 52062 Aachen, Germany. KLANG may give notice to You at your most recent address (be it physical or e-mail) known to KLANG, and/or through a notice posted on KLANG’s then website.
11.7 This license shall be governed and construed in accordance with the laws of Germany excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or related to this EULA shall be subject to the jurisdiction of the courts of Düsseldorf, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
- YOUR ACKNOWLEDGMENT:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE BY USING THE SOFTWARE TO BE BOUND BY ITS TERMS.
Should you have any questions concerning this EULA, please contact:
info@klang.com
or
KLANG:technologies GmbH
Wespienstr. 8-10
52062 Aachen
Germany
Phone: +49 241 89030120
General EULA – free KLANG software
Please read and make sure you understand this End User License Agreement before you download and/or install any software from this website or app store which contain software. Scroll to the bottom of this page to continue.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND KLANG:technologies GmbH of Wespienstr. 8-10, 52062 Aachen, Germany (“KLANG”) FOR THE KLANG SOFTWARE THAT ACCOMPANIES THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE WHICH MAY ALSO INCLUDE ASSOCIATED MEDIA, “ONLINE” OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES AND DOWNLOADED SOFTWARE AND ANY UPDATES (“SOFTWARE”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
If You do not agree to the following terms, or do not fulfil the requirements set out in this EULA, no licence is granted to You by this EULA and You may not use, install or download the Software (and any copies of the Software that You do hold must be deleted or destroyed).
- GRANT OF LICENCE.
1.1 In consideration of your compliance with these terms, KLANG grants to You the non-exclusive right to install and/or use the Software as specified in this EULA and in accordance with any documentation that accompanies the Software online (“ Documentation ”).
- THIRD PARTY SOFTWARE AND OPEN SOURCE SOFTWARE.
2.1 Some or all of the Software may consist of third party applications and packages which may be proprietary and / or open source software. You are obliged to comply with any additional licensing terms related to such third party applications. To the extent that this EULA contains any provision(s) which are contradictory to the terms of those third party applications and packages, the terms of those third party licenses shall apply to that Software as opposed to the terms of this EULA and the terms of this EULA shall not apply to them. Unless stated otherwise in the documentation that accompanies the Software or Product, KLANG does not provide any warranty, maintenance, technical or other support for third party applications and all warranties in the Software are disclaimed as set out in clause 9 below.
2.2 A list of the third party software, acknowledgement and licenses for each Software product can be found at https://www.klang.com/license as may be updated from time to time.
2.3 Certain software libraries and other third party software included with the Software are free software and licensed under the terms of open source licenses. You may obtain a complete source code copy of such free software under the terms of the license if applicable, as provided at https://www.klang.com/license.
2.4 To the extent that the Software links to any open source software libraries (“OSS Libraries”) that are provided to You with the Software, nothing in this EULA shall affect Your rights under the licenses on which the owner of intellectual property rights in the relevant OSS Libraries (“Third Party Licensor”) has licensed the OSS Libraries, details of which can be found at https://www.klang.com/license. To the extent that Third Party Licensors have licensed OSS Libraries on the terms of v2.1 or v3 of the GNU Lesser General Public License issued by the Free Software Foundation (the “LGPL”), those OSS Libraries are licensed to You on the terms of the relevant LGPL and are referred to, in this clause 2.4 and in clause 6.1.4, as the LGPL Libraries. You may obtain a complete copy of the source code of the LPGL Libraries without charge at https://www.klang.com/license in order that You may modify the LGPL Libraries in accordance with the relevant LGPL, together with certain object code of the Software necessary to enable You to re-link any modified LGPL Library to the Software.
- EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to U. S. export control laws, and may be subject to export or import regulations in your own and/or other countries. You agree to comply with all such regulations, and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria (as such listing may be revised from time to time) or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders.
- INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licenses associated with it. The Software is protected by copyright and other intellectual property laws and treaties. KLANG or its suppliers own or have the right to license the title, copyright, and all other intellectual property rights in the Software. You shall have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA.
- ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, or add-on components of the Software that KLANG may provide to You, including in accordance with clauses 2.2 and 2.3, or make available to You after the date You obtain your initial copy of the Software unless a further EULA is provided with these.
- LICENSEE’S UNDERTAKINGS
6.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
6.1.1 not to copy the Software or Documentation except where such copying is incidental to normal (i.e. intended) use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.2 not to translate, merge, adapt, vary or modify the Software or Documentation, except to the extent that by virtue of § 69d of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited;
6.1.3 not to permit the Software or any part of it to be combined with, or become incorporated in, any other programs, unless authorised by us in writing;
6.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that (i) by virtue of § 69e of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited, because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving interoperability of the Software with another software program; and
(b) is not unnecessarily disclosed or communicated to any third party without our prior written consent; and
(c) is not used to create any software which is substantially similar to the Software; and
(ii) the Software links to LGPL Libraries and reverse engineering of the Software is essential for debugging any modifications You have made to the LGPL Libraries.
6.1.5 where You are acting in the course of Your trade, business, craft or profession (“ Business Customer ”), not to permit the Software to be accessed through an electronic network beyond your normal place of business;
6.1.6 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
6.1.7 to supervise and control use of the Software and (where you are a Business Customer) ensure that your employees, representatives and customers use the Software in accordance with the terms of this License.
6.2 Business Customers must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises at which the Software or the Documentation is being kept or used, to the Products and other relevant computer equipment located there, and to any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this License.
- TERMINATION.
Without prejudice to any other rights, KLANG may terminate this EULA if You fail to comply with any of the terms of this EULA. In such an event, all rights granted to You under this EULA shall cease, you must cease all activities authorised by this EULA and You must destroy all copies of the Software and all of its component parts within your control.
- LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
8.1 Subject to clauses 9.3 and 9.4, KLANG warrants that the Software will perform substantially in accordance with the KLANG materials that accompany the Software for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by the laws of your territory that cannot be excluded, You are entitled to rely upon it, but only as to defects discovered during the period of this limited warranty (ninety days).
8.2 KLANG’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, UNDER THE LIMITED WARRANTY PROVIDED IN THIS CLAUSE, OR FOR ANY OTHER BREACH OF THIS EULA, OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE, SHALL BE (AT KLANG’S OPTION), (I) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE, OR (II) REPAIR OR REPLACEMENT OF THE SOFTWARE, TO THE EXTENT THAT IT DOES NOT MEET THE LIMITED WARRANTY.
8.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, a virus, or combination of the Product or Software with any other product or software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and KLANG will use reasonable efforts to provide your remedy within a reasonable time of your compliance with KLANG’s warranty remedy procedures.
- DISCLAIMERS.
9.1 The Limited Warranty that appears above is the only warranty made to You and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
9.2 Except for the Limited Warranty and to the maximum extent permitted by applicable law, KLANG and its suppliers provide the Software and support services (if any) “AS IS” and “WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
9.3 KLANG DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF BUGS OR ERRORS, AND THE EXISTENCE OF SUCH WILL NOT RESULT IN KLANG (i) BEING IN BREACH OF THIS EULA OR (ii) INCURRING ANY LIABILITY.
Where you are a consumer and there is any conflict between the terms of this clause 9 and applicable consumer protection law, the consumer protection law shall apply.
- LIMITATION OF LIABILITY.
10.1 To the maximum extent permitted by applicable law, and except as provided in any KLANG guarantee provided with the Software or Product and the Limited Warranty (above), KLANG and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of data, loss of business profits or business opportunity, business interruption, loss of business information or other direct, indirect, consequential or pecuniary loss) arising out of the use or inability to use the Software, even if KLANG has been advised of the possibility of such damages.
10.2 (WITHOUT PREJUDICE TO CLAUSE 8.2) IN ANY CASE KLANG’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO THE FOREGOING, KLANG’S LIABILITY FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED TO BREACHES OF RIGHTS SUBSISTING IN GERMANY.
10.3 Where you are a consumer and there is any conflict between the terms of this clause 10 and applicable consumer protection law the consumer protection law shall apply.
- GENERAL.
11.1 This EULA constitutes the entire agreement between You and KLANG relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
11.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
11.3 If any provision of this EULA is held by a competent authority to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 If KLANG fails, at any time during the term of this EULA to insist upon strict performance of any of your obligations under this EULA, or if it fails to exercise any of the rights or remedies to which it is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by KLANG of any default shall not constitute a waiver of any subsequent default. No waiver by KLANG of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.5 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this License that are caused by an event outside of its reasonable control.
11.6 All notices given by You to KLANG must be given to KLANG:technologies GmbH, Wespienstr. 8-10, 52062 Aachen, Germany. KLANG may give notice to You at your most recent address (be it physical or e-mail) known to KLANG, and/or through a notice posted on KLANG’s then website.
11.7 This license shall be governed and construed in accordance with the laws of Germany excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or related to this EULA shall be subject to the jurisdiction of the courts of Düsseldorf, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
- YOUR ACKNOWLEDGMENT:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE BY USING THE SOFTWARE TO BE BOUND BY ITS TERMS.
Should you have any questions concerning this EULA, please contact:
info@klang.com
or
KLANG:technologies GmbH
Wespienstr. 8-10
52062 Aachen
Germany
Phone: +49 241 89030120
GENERAL EULA
General EULA – FIRMWARE & UPDATES
Please read and make sure you understand this End User License Agreement before you use our products. Scroll to the bottom of this page to continue.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND KLANG:technologies GmbH of Wespienstr. 8-10, 52062 Aachen, Germany (“KLANG”) FOR THE KLANG SOFTWARE THAT ACCOMPANIES THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE/FIRMWARE WHICH MAY ALSO INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS “ONLINE” OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES AND DOWNLOADED SOFTWARE AND ANY UPDATES (“SOFTWARE”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
If You do not agree to the following terms, or do not fulfil the requirements set out in this EULA, no licence is granted to You by this EULA and You may not use, install or download the Software (and any copies of the Software that You do hold must be deleted or destroyed).
- GRANT OF LICENCE.
1.1 In consideration of your paying any price charged for the Software or product sold by KLANG to You which contained the Software at point of sale (“Product”) and/or your compliance with these terms, KLANG grants to You the non-exclusive right to install and/or use the Software as specified in this EULA and in accordance with any documentation that accompanies the Product online or in paper format (and which includes, without limitation, the terms and conditions upon which KLANG sold the Product to You) (“ Documentation ”).
- THIRD PARTY SOFTWARE AND OPEN SOURCE SOFTWARE.
2.1 Some or all of the Software may consist of third party applications and packages which may be proprietary and / or open source software. You are obliged to comply with any additional licensing terms related to such third party applications. To the extent that this EULA contains any provision(s) which are contradictory to the terms of those third party applications and packages, the terms of those third party licenses shall apply to that Software as opposed to the terms of this EULA and the terms of this EULA shall not apply to them. Unless stated otherwise in the documentation that accompanies the Software or Product, KLANG does not provide any warranty, maintenance, technical or other support for third party applications and all warranties in the Software are disclaimed as set out in clause 9 below.
2.2 A list of the third party software, acknowledgement and licenses for each Product can be found at https://www.klang.com/license as may be updated from time to time.
2.3 Certain software libraries and other third party software included with the Software are free software and licensed under the terms of open source licenses. You may obtain a complete source code copy of such free software under the terms of the license if applicable, as provided at https://www.klang.com/license.
2.4 To the extent that the Software links to any open source software libraries (“OSS Libraries”) that are provided to You with the Software, nothing in this EULA shall affect Your rights under the licenses on which the owner of intellectual property rights in the relevant OSS Libraries (“Third Party Licensor”) has licensed the OSS Libraries, details of which can be found at https://www.klang.com/license. To the extent that Third Party Licensors have licensed OSS Libraries on the terms of v2.1 or v3 of the GNU Lesser General Public License issued by the Free Software Foundation (the “LGPL”), those OSS Libraries are licensed to You on the terms of the relevant LGPL and are referred to, in this clause 2.4 and in clause 6.1.4, as the LGPL Libraries. You may obtain a complete copy of the source code of the LPGL Libraries without charge at https://www.klang.com/license in order that You may modify the LGPL Libraries in accordance with the relevant LGPL, together with certain object code of the Software necessary to enable You to re-link any modified LGPL Library to the Software.
- EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to U. S. export control laws, and may be subject to export or import regulations in your own and/or other countries. You agree to comply with all such regulations, and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria (as such listing may be revised from time to time) or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders.
- INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licenses associated with it. The Software is protected by copyright and other intellectual property laws and treaties. KLANG or its suppliers own or have the right to license the title, copyright, and all other intellectual property rights in the Software. You shall have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA.
- ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, or add-on components of the Software that KLANG may provide to You, including in accordance with clauses 2.2 and 2.3, or make available to You after the date You obtain your initial copy of the Software unless a further EULA is provided with these.
- LICENSEE’S UNDERTAKINGS
6.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
6.1.1 not to copy the Software or Documentation except where such copying is incidental to normal (i.e. intended) use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.2 not to translate, merge, adapt, vary or modify the Software or Documentation, except to the extent that by virtue of § 69d of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited;
6.1.3 not to permit the Software or any part of it to be combined with, or become incorporated in, any other programs, unless authorised by us in writing;
6.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that (i) by virtue of § 69e of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited, because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving interoperability of the Software with another software program; and
(b) is not unnecessarily disclosed or communicated to any third party without our prior written consent; and
(c) is not used to create any software which is substantially similar to the Software; and
(ii) the Software links to LGPL Libraries and reverse engineering of the Software is essential for debugging any modifications You have made to the LGPL Libraries.
6.1.5 where You are acting in the course of Your trade, business, craft or profession (“ Business Customer ”), not to permit the Software to be accessed through an electronic network beyond your normal place of business;
6.1.6 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
6.1.7 to supervise and control use of the Software and (where you are a Business Customer) ensure that your employees, representatives and customers use the Software in accordance with the terms of this License.
6.2 Business Customers must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises at which the Software or the Documentation is being kept or used, to the Products and other relevant computer equipment located there, and to any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this License.
- TERMINATION.
Without prejudice to any other rights, KLANG may terminate this EULA if You fail to comply with any of the terms of this EULA. In such an event, all rights granted to You under this EULA shall cease, you must cease all activities authorised by this EULA and You must destroy all copies of the Software and all of its component parts within your control.
- LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
8.1 Subject to clauses 9.3 and 9.4, KLANG warrants that the Software will perform substantially in accordance with the KLANG materials that accompany the Software for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by the laws of your territory that cannot be excluded, You are entitled to rely upon it, but only as to defects discovered during the period of this limited warranty (ninety days).
8.2 KLANG’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, UNDER THE LIMITED WARRANTY PROVIDED IN THIS CLAUSE, OR FOR ANY OTHER BREACH OF THIS EULA, OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE, SHALL BE (AT KLANG’S OPTION), (I) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE, OR (II) REPAIR OR REPLACEMENT OF THE SOFTWARE, TO THE EXTENT THAT IT DOES NOT MEET THE LIMITED WARRANTY.
8.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, a virus, or combination of the Product or Software with any other product or software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and KLANG will use reasonable efforts to provide your remedy within a reasonable time of your compliance with KLANG’s warranty remedy procedures.
- DISCLAIMERS.
9.1 The Limited Warranty that appears above is the only warranty made to You and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
9.2 Except for the Limited Warranty and to the maximum extent permitted by applicable law, KLANG and its suppliers provide the Software and support services (if any) “AS IS” and “WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
9.3 KLANG DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF BUGS OR ERRORS, AND THE EXISTENCE OF SUCH WILL NOT RESULT IN KLANG (i) BEING IN BREACH OF THIS EULA OR (ii) INCURRING ANY LIABILITY.
Where you are a consumer and there is any conflict between the terms of this clause 9 and applicable consumer protection law, the consumer protection law shall apply.
- LIMITATION OF LIABILITY.
10.1 To the maximum extent permitted by applicable law, and except as provided in any KLANG guarantee provided with the Software or Product and the Limited Warranty (above), KLANG and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of data, loss of business profits or business opportunity, business interruption, loss of business information or other direct, indirect, consequential or pecuniary loss) arising out of the use or inability to use the Software, even if KLANG has been advised of the possibility of such damages.
10.2 (WITHOUT PREJUDICE TO CLAUSE 8.2) IN ANY CASE KLANG’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO THE FOREGOING, KLANG’S LIABILITY FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED TO BREACHES OF RIGHTS SUBSISTING IN GERMANY.
10.3 Where you are a consumer and there is any conflict between the terms of this clause 10 and applicable consumer protection law the consumer protection law shall apply.
- GENERAL.
11.1 Save where the Software forms part of a Product, this EULA constitutes the entire agreement between You and KLANG relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
11.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
11.3 If any provision of this EULA is held by a competent authority to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 If KLANG fails, at any time during the term of this EULA to insist upon strict performance of any of your obligations under this EULA, or if it fails to exercise any of the rights or remedies to which it is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by KLANG of any default shall not constitute a waiver of any subsequent default. No waiver by KLANG of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.5 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this License that are caused by an event outside of its reasonable control.
11.6 All notices given by You to KLANG must be given to KLANG:technologies GmbH, Wespienstr. 8-10, 52062 Aachen, Germany. KLANG may give notice to You at your most recent address (be it physical or e-mail) known to KLANG, and/or through a notice posted on KLANG’s then website.
11.7 This license shall be governed and construed in accordance with the laws of Germany excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or related to this EULA shall be subject to the jurisdiction of the courts of Düsseldorf, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
- YOUR ACKNOWLEDGMENT:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE BY USING THE SOFTWARE TO BE BOUND BY ITS TERMS.
Should you have any questions concerning this EULA, please contact:
info@klang.com
or
KLANG:technologies GmbH
Wespienstr. 8-10
52062 Aachen
Germany
Phone: +49 241 89030120
General EULA – free KLANG software
Please read and make sure you understand this End User License Agreement before you download and/or install any software from this website or app store which contain software. Scroll to the bottom of this page to continue.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND KLANG:technologies GmbH of Wespienstr. 8-10, 52062 Aachen, Germany (“KLANG”) FOR THE KLANG SOFTWARE THAT ACCOMPANIES THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE WHICH MAY ALSO INCLUDE ASSOCIATED MEDIA, “ONLINE” OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES AND DOWNLOADED SOFTWARE AND ANY UPDATES (“SOFTWARE”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
If You do not agree to the following terms, or do not fulfil the requirements set out in this EULA, no licence is granted to You by this EULA and You may not use, install or download the Software (and any copies of the Software that You do hold must be deleted or destroyed).
- GRANT OF LICENCE.
1.1 In consideration of your compliance with these terms, KLANG grants to You the non-exclusive right to install and/or use the Software as specified in this EULA and in accordance with any documentation that accompanies the Software online (“ Documentation ”).
- THIRD PARTY SOFTWARE AND OPEN SOURCE SOFTWARE.
2.1 Some or all of the Software may consist of third party applications and packages which may be proprietary and / or open source software. You are obliged to comply with any additional licensing terms related to such third party applications. To the extent that this EULA contains any provision(s) which are contradictory to the terms of those third party applications and packages, the terms of those third party licenses shall apply to that Software as opposed to the terms of this EULA and the terms of this EULA shall not apply to them. Unless stated otherwise in the documentation that accompanies the Software or Product, KLANG does not provide any warranty, maintenance, technical or other support for third party applications and all warranties in the Software are disclaimed as set out in clause 9 below.
2.2 A list of the third party software, acknowledgement and licenses for each Software product can be found at https://www.klang.com/license as may be updated from time to time.
2.3 Certain software libraries and other third party software included with the Software are free software and licensed under the terms of open source licenses. You may obtain a complete source code copy of such free software under the terms of the license if applicable, as provided at https://www.klang.com/license.
2.4 To the extent that the Software links to any open source software libraries (“OSS Libraries”) that are provided to You with the Software, nothing in this EULA shall affect Your rights under the licenses on which the owner of intellectual property rights in the relevant OSS Libraries (“Third Party Licensor”) has licensed the OSS Libraries, details of which can be found at https://www.klang.com/license. To the extent that Third Party Licensors have licensed OSS Libraries on the terms of v2.1 or v3 of the GNU Lesser General Public License issued by the Free Software Foundation (the “LGPL”), those OSS Libraries are licensed to You on the terms of the relevant LGPL and are referred to, in this clause 2.4 and in clause 6.1.4, as the LGPL Libraries. You may obtain a complete copy of the source code of the LPGL Libraries without charge at https://www.klang.com/license in order that You may modify the LGPL Libraries in accordance with the relevant LGPL, together with certain object code of the Software necessary to enable You to re-link any modified LGPL Library to the Software.
- EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to U. S. export control laws, and may be subject to export or import regulations in your own and/or other countries. You agree to comply with all such regulations, and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria (as such listing may be revised from time to time) or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders.
- INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licenses associated with it. The Software is protected by copyright and other intellectual property laws and treaties. KLANG or its suppliers own or have the right to license the title, copyright, and all other intellectual property rights in the Software. You shall have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA.
- ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, or add-on components of the Software that KLANG may provide to You, including in accordance with clauses 2.2 and 2.3, or make available to You after the date You obtain your initial copy of the Software unless a further EULA is provided with these.
- LICENSEE’S UNDERTAKINGS
6.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
6.1.1 not to copy the Software or Documentation except where such copying is incidental to normal (i.e. intended) use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.2 not to translate, merge, adapt, vary or modify the Software or Documentation, except to the extent that by virtue of § 69d of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited;
6.1.3 not to permit the Software or any part of it to be combined with, or become incorporated in, any other programs, unless authorised by us in writing;
6.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that (i) by virtue of § 69e of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited, because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving interoperability of the Software with another software program; and
(b) is not unnecessarily disclosed or communicated to any third party without our prior written consent; and
(c) is not used to create any software which is substantially similar to the Software; and
(ii) the Software links to LGPL Libraries and reverse engineering of the Software is essential for debugging any modifications You have made to the LGPL Libraries.
6.1.5 where You are acting in the course of Your trade, business, craft or profession (“ Business Customer ”), not to permit the Software to be accessed through an electronic network beyond your normal place of business;
6.1.6 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
6.1.7 to supervise and control use of the Software and (where you are a Business Customer) ensure that your employees, representatives and customers use the Software in accordance with the terms of this License.
6.2 Business Customers must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises at which the Software or the Documentation is being kept or used, to the Products and other relevant computer equipment located there, and to any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this License.
- TERMINATION.
Without prejudice to any other rights, KLANG may terminate this EULA if You fail to comply with any of the terms of this EULA. In such an event, all rights granted to You under this EULA shall cease, you must cease all activities authorised by this EULA and You must destroy all copies of the Software and all of its component parts within your control.
- LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
8.1 Subject to clauses 9.3 and 9.4, KLANG warrants that the Software will perform substantially in accordance with the KLANG materials that accompany the Software for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by the laws of your territory that cannot be excluded, You are entitled to rely upon it, but only as to defects discovered during the period of this limited warranty (ninety days).
8.2 KLANG’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, UNDER THE LIMITED WARRANTY PROVIDED IN THIS CLAUSE, OR FOR ANY OTHER BREACH OF THIS EULA, OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE, SHALL BE (AT KLANG’S OPTION), (I) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE, OR (II) REPAIR OR REPLACEMENT OF THE SOFTWARE, TO THE EXTENT THAT IT DOES NOT MEET THE LIMITED WARRANTY.
8.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, a virus, or combination of the Product or Software with any other product or software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and KLANG will use reasonable efforts to provide your remedy within a reasonable time of your compliance with KLANG’s warranty remedy procedures.
- DISCLAIMERS.
9.1 The Limited Warranty that appears above is the only warranty made to You and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
9.2 Except for the Limited Warranty and to the maximum extent permitted by applicable law, KLANG and its suppliers provide the Software and support services (if any) “AS IS” and “WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
9.3 KLANG DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF BUGS OR ERRORS, AND THE EXISTENCE OF SUCH WILL NOT RESULT IN KLANG (i) BEING IN BREACH OF THIS EULA OR (ii) INCURRING ANY LIABILITY.
Where you are a consumer and there is any conflict between the terms of this clause 9 and applicable consumer protection law, the consumer protection law shall apply.
- LIMITATION OF LIABILITY.
10.1 To the maximum extent permitted by applicable law, and except as provided in any KLANG guarantee provided with the Software or Product and the Limited Warranty (above), KLANG and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of data, loss of business profits or business opportunity, business interruption, loss of business information or other direct, indirect, consequential or pecuniary loss) arising out of the use or inability to use the Software, even if KLANG has been advised of the possibility of such damages.
10.2 (WITHOUT PREJUDICE TO CLAUSE 8.2) IN ANY CASE KLANG’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO THE FOREGOING, KLANG’S LIABILITY FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED TO BREACHES OF RIGHTS SUBSISTING IN GERMANY.
10.3 Where you are a consumer and there is any conflict between the terms of this clause 10 and applicable consumer protection law the consumer protection law shall apply.
- GENERAL.
11.1 This EULA constitutes the entire agreement between You and KLANG relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
11.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
11.3 If any provision of this EULA is held by a competent authority to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 If KLANG fails, at any time during the term of this EULA to insist upon strict performance of any of your obligations under this EULA, or if it fails to exercise any of the rights or remedies to which it is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by KLANG of any default shall not constitute a waiver of any subsequent default. No waiver by KLANG of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.5 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this License that are caused by an event outside of its reasonable control.
11.6 All notices given by You to KLANG must be given to KLANG:technologies GmbH, Wespienstr. 8-10, 52062 Aachen, Germany. KLANG may give notice to You at your most recent address (be it physical or e-mail) known to KLANG, and/or through a notice posted on KLANG’s then website.
11.7 This license shall be governed and construed in accordance with the laws of Germany excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or related to this EULA shall be subject to the jurisdiction of the courts of Düsseldorf, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
- YOUR ACKNOWLEDGMENT:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE BY USING THE SOFTWARE TO BE BOUND BY ITS TERMS.
Should you have any questions concerning this EULA, please contact:
info@klang.com
or
KLANG:technologies GmbH
Wespienstr. 8-10
52062 Aachen
Germany
Phone: +49 241 89030120
GENERAL EULA
General EULA – FIRMWARE & UPDATES
Please read and make sure you understand this End User License Agreement before you use our products. Scroll to the bottom of this page to continue.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND KLANG:technologies GmbH of Wespienstr. 8-10, 52062 Aachen, Germany (“KLANG”) FOR THE KLANG SOFTWARE THAT ACCOMPANIES THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE/FIRMWARE WHICH MAY ALSO INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS “ONLINE” OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES AND DOWNLOADED SOFTWARE AND ANY UPDATES (“SOFTWARE”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
If You do not agree to the following terms, or do not fulfil the requirements set out in this EULA, no licence is granted to You by this EULA and You may not use, install or download the Software (and any copies of the Software that You do hold must be deleted or destroyed).
- GRANT OF LICENCE.
1.1 In consideration of your paying any price charged for the Software or product sold by KLANG to You which contained the Software at point of sale (“Product”) and/or your compliance with these terms, KLANG grants to You the non-exclusive right to install and/or use the Software as specified in this EULA and in accordance with any documentation that accompanies the Product online or in paper format (and which includes, without limitation, the terms and conditions upon which KLANG sold the Product to You) (“ Documentation ”).
- THIRD PARTY SOFTWARE AND OPEN SOURCE SOFTWARE.
2.1 Some or all of the Software may consist of third party applications and packages which may be proprietary and / or open source software. You are obliged to comply with any additional licensing terms related to such third party applications. To the extent that this EULA contains any provision(s) which are contradictory to the terms of those third party applications and packages, the terms of those third party licenses shall apply to that Software as opposed to the terms of this EULA and the terms of this EULA shall not apply to them. Unless stated otherwise in the documentation that accompanies the Software or Product, KLANG does not provide any warranty, maintenance, technical or other support for third party applications and all warranties in the Software are disclaimed as set out in clause 9 below.
2.2 A list of the third party software, acknowledgement and licenses for each Product can be found at https://www.klang.com/license as may be updated from time to time.
2.3 Certain software libraries and other third party software included with the Software are free software and licensed under the terms of open source licenses. You may obtain a complete source code copy of such free software under the terms of the license if applicable, as provided at https://www.klang.com/license.
2.4 To the extent that the Software links to any open source software libraries (“OSS Libraries”) that are provided to You with the Software, nothing in this EULA shall affect Your rights under the licenses on which the owner of intellectual property rights in the relevant OSS Libraries (“Third Party Licensor”) has licensed the OSS Libraries, details of which can be found at https://www.klang.com/license. To the extent that Third Party Licensors have licensed OSS Libraries on the terms of v2.1 or v3 of the GNU Lesser General Public License issued by the Free Software Foundation (the “LGPL”), those OSS Libraries are licensed to You on the terms of the relevant LGPL and are referred to, in this clause 2.4 and in clause 6.1.4, as the LGPL Libraries. You may obtain a complete copy of the source code of the LPGL Libraries without charge at https://www.klang.com/license in order that You may modify the LGPL Libraries in accordance with the relevant LGPL, together with certain object code of the Software necessary to enable You to re-link any modified LGPL Library to the Software.
- EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to U. S. export control laws, and may be subject to export or import regulations in your own and/or other countries. You agree to comply with all such regulations, and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria (as such listing may be revised from time to time) or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders.
- INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licenses associated with it. The Software is protected by copyright and other intellectual property laws and treaties. KLANG or its suppliers own or have the right to license the title, copyright, and all other intellectual property rights in the Software. You shall have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA.
- ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, or add-on components of the Software that KLANG may provide to You, including in accordance with clauses 2.2 and 2.3, or make available to You after the date You obtain your initial copy of the Software unless a further EULA is provided with these.
- LICENSEE’S UNDERTAKINGS
6.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
6.1.1 not to copy the Software or Documentation except where such copying is incidental to normal (i.e. intended) use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.2 not to translate, merge, adapt, vary or modify the Software or Documentation, except to the extent that by virtue of § 69d of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited;
6.1.3 not to permit the Software or any part of it to be combined with, or become incorporated in, any other programs, unless authorised by us in writing;
6.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that (i) by virtue of § 69e of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited, because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving interoperability of the Software with another software program; and
(b) is not unnecessarily disclosed or communicated to any third party without our prior written consent; and
(c) is not used to create any software which is substantially similar to the Software; and
(ii) the Software links to LGPL Libraries and reverse engineering of the Software is essential for debugging any modifications You have made to the LGPL Libraries.
6.1.5 where You are acting in the course of Your trade, business, craft or profession (“ Business Customer ”), not to permit the Software to be accessed through an electronic network beyond your normal place of business;
6.1.6 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
6.1.7 to supervise and control use of the Software and (where you are a Business Customer) ensure that your employees, representatives and customers use the Software in accordance with the terms of this License.
6.2 Business Customers must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises at which the Software or the Documentation is being kept or used, to the Products and other relevant computer equipment located there, and to any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this License.
- TERMINATION.
Without prejudice to any other rights, KLANG may terminate this EULA if You fail to comply with any of the terms of this EULA. In such an event, all rights granted to You under this EULA shall cease, you must cease all activities authorised by this EULA and You must destroy all copies of the Software and all of its component parts within your control.
- LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
8.1 Subject to clauses 9.3 and 9.4, KLANG warrants that the Software will perform substantially in accordance with the KLANG materials that accompany the Software for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by the laws of your territory that cannot be excluded, You are entitled to rely upon it, but only as to defects discovered during the period of this limited warranty (ninety days).
8.2 KLANG’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, UNDER THE LIMITED WARRANTY PROVIDED IN THIS CLAUSE, OR FOR ANY OTHER BREACH OF THIS EULA, OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE, SHALL BE (AT KLANG’S OPTION), (I) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE, OR (II) REPAIR OR REPLACEMENT OF THE SOFTWARE, TO THE EXTENT THAT IT DOES NOT MEET THE LIMITED WARRANTY.
8.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, a virus, or combination of the Product or Software with any other product or software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and KLANG will use reasonable efforts to provide your remedy within a reasonable time of your compliance with KLANG’s warranty remedy procedures.
- DISCLAIMERS.
9.1 The Limited Warranty that appears above is the only warranty made to You and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
9.2 Except for the Limited Warranty and to the maximum extent permitted by applicable law, KLANG and its suppliers provide the Software and support services (if any) “AS IS” and “WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
9.3 KLANG DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF BUGS OR ERRORS, AND THE EXISTENCE OF SUCH WILL NOT RESULT IN KLANG (i) BEING IN BREACH OF THIS EULA OR (ii) INCURRING ANY LIABILITY.
Where you are a consumer and there is any conflict between the terms of this clause 9 and applicable consumer protection law, the consumer protection law shall apply.
- LIMITATION OF LIABILITY.
10.1 To the maximum extent permitted by applicable law, and except as provided in any KLANG guarantee provided with the Software or Product and the Limited Warranty (above), KLANG and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of data, loss of business profits or business opportunity, business interruption, loss of business information or other direct, indirect, consequential or pecuniary loss) arising out of the use or inability to use the Software, even if KLANG has been advised of the possibility of such damages.
10.2 (WITHOUT PREJUDICE TO CLAUSE 8.2) IN ANY CASE KLANG’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO THE FOREGOING, KLANG’S LIABILITY FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED TO BREACHES OF RIGHTS SUBSISTING IN GERMANY.
10.3 Where you are a consumer and there is any conflict between the terms of this clause 10 and applicable consumer protection law the consumer protection law shall apply.
- GENERAL.
11.1 Save where the Software forms part of a Product, this EULA constitutes the entire agreement between You and KLANG relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
11.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
11.3 If any provision of this EULA is held by a competent authority to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 If KLANG fails, at any time during the term of this EULA to insist upon strict performance of any of your obligations under this EULA, or if it fails to exercise any of the rights or remedies to which it is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by KLANG of any default shall not constitute a waiver of any subsequent default. No waiver by KLANG of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.5 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this License that are caused by an event outside of its reasonable control.
11.6 All notices given by You to KLANG must be given to KLANG:technologies GmbH, Wespienstr. 8-10, 52062 Aachen, Germany. KLANG may give notice to You at your most recent address (be it physical or e-mail) known to KLANG, and/or through a notice posted on KLANG’s then website.
11.7 This license shall be governed and construed in accordance with the laws of Germany excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or related to this EULA shall be subject to the jurisdiction of the courts of Düsseldorf, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
- YOUR ACKNOWLEDGMENT:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE BY USING THE SOFTWARE TO BE BOUND BY ITS TERMS.
Should you have any questions concerning this EULA, please contact:
info@klang.com
or
KLANG:technologies GmbH
Wespienstr. 8-10
52062 Aachen
Germany
Phone: +49 241 89030120
General EULA – free KLANG software
Please read and make sure you understand this End User License Agreement before you download and/or install any software from this website or app store which contain software. Scroll to the bottom of this page to continue.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND KLANG:technologies GmbH of Wespienstr. 8-10, 52062 Aachen, Germany (“KLANG”) FOR THE KLANG SOFTWARE THAT ACCOMPANIES THIS EULA, WHICH INCLUDES COMPUTER SOFTWARE WHICH MAY ALSO INCLUDE ASSOCIATED MEDIA, “ONLINE” OR ELECTRONIC DOCUMENTATION, AND INTERNET-BASED SERVICES AND DOWNLOADED SOFTWARE AND ANY UPDATES (“SOFTWARE”).
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE.
If You do not agree to the following terms, or do not fulfil the requirements set out in this EULA, no licence is granted to You by this EULA and You may not use, install or download the Software (and any copies of the Software that You do hold must be deleted or destroyed).
- GRANT OF LICENCE.
1.1 In consideration of your compliance with these terms, KLANG grants to You the non-exclusive right to install and/or use the Software as specified in this EULA and in accordance with any documentation that accompanies the Software online (“ Documentation ”).
- THIRD PARTY SOFTWARE AND OPEN SOURCE SOFTWARE.
2.1 Some or all of the Software may consist of third party applications and packages which may be proprietary and / or open source software. You are obliged to comply with any additional licensing terms related to such third party applications. To the extent that this EULA contains any provision(s) which are contradictory to the terms of those third party applications and packages, the terms of those third party licenses shall apply to that Software as opposed to the terms of this EULA and the terms of this EULA shall not apply to them. Unless stated otherwise in the documentation that accompanies the Software or Product, KLANG does not provide any warranty, maintenance, technical or other support for third party applications and all warranties in the Software are disclaimed as set out in clause 9 below.
2.2 A list of the third party software, acknowledgement and licenses for each Software product can be found at https://www.klang.com/license as may be updated from time to time.
2.3 Certain software libraries and other third party software included with the Software are free software and licensed under the terms of open source licenses. You may obtain a complete source code copy of such free software under the terms of the license if applicable, as provided at https://www.klang.com/license.
2.4 To the extent that the Software links to any open source software libraries (“OSS Libraries”) that are provided to You with the Software, nothing in this EULA shall affect Your rights under the licenses on which the owner of intellectual property rights in the relevant OSS Libraries (“Third Party Licensor”) has licensed the OSS Libraries, details of which can be found at https://www.klang.com/license. To the extent that Third Party Licensors have licensed OSS Libraries on the terms of v2.1 or v3 of the GNU Lesser General Public License issued by the Free Software Foundation (the “LGPL”), those OSS Libraries are licensed to You on the terms of the relevant LGPL and are referred to, in this clause 2.4 and in clause 6.1.4, as the LGPL Libraries. You may obtain a complete copy of the source code of the LPGL Libraries without charge at https://www.klang.com/license in order that You may modify the LGPL Libraries in accordance with the relevant LGPL, together with certain object code of the Software necessary to enable You to re-link any modified LGPL Library to the Software.
- EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to U. S. export control laws, and may be subject to export or import regulations in your own and/or other countries. You agree to comply with all such regulations, and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria (as such listing may be revised from time to time) or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders.
- INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licenses associated with it. The Software is protected by copyright and other intellectual property laws and treaties. KLANG or its suppliers own or have the right to license the title, copyright, and all other intellectual property rights in the Software. You shall have no rights in or to the Software other than the right to use it in accordance with the terms of this EULA.
- ADDITIONAL SOFTWARE/SERVICES.
This EULA applies to updates, supplements, or add-on components of the Software that KLANG may provide to You, including in accordance with clauses 2.2 and 2.3, or make available to You after the date You obtain your initial copy of the Software unless a further EULA is provided with these.
- LICENSEE’S UNDERTAKINGS
6.1 Except as expressly set out in this License or as permitted by any local law, you undertake:
6.1.1 not to copy the Software or Documentation except where such copying is incidental to normal (i.e. intended) use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.2 not to translate, merge, adapt, vary or modify the Software or Documentation, except to the extent that by virtue of § 69d of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited;
6.1.3 not to permit the Software or any part of it to be combined with, or become incorporated in, any other programs, unless authorised by us in writing;
6.1.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that (i) by virtue of § 69e of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions cannot be prohibited, because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
(a) is used only for the purpose of achieving interoperability of the Software with another software program; and
(b) is not unnecessarily disclosed or communicated to any third party without our prior written consent; and
(c) is not used to create any software which is substantially similar to the Software; and
(ii) the Software links to LGPL Libraries and reverse engineering of the Software is essential for debugging any modifications You have made to the LGPL Libraries.
6.1.5 where You are acting in the course of Your trade, business, craft or profession (“ Business Customer ”), not to permit the Software to be accessed through an electronic network beyond your normal place of business;
6.1.6 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
6.1.7 to supervise and control use of the Software and (where you are a Business Customer) ensure that your employees, representatives and customers use the Software in accordance with the terms of this License.
6.2 Business Customers must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises at which the Software or the Documentation is being kept or used, to the Products and other relevant computer equipment located there, and to any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this License.
- TERMINATION.
Without prejudice to any other rights, KLANG may terminate this EULA if You fail to comply with any of the terms of this EULA. In such an event, all rights granted to You under this EULA shall cease, you must cease all activities authorised by this EULA and You must destroy all copies of the Software and all of its component parts within your control.
- LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
8.1 Subject to clauses 9.3 and 9.4, KLANG warrants that the Software will perform substantially in accordance with the KLANG materials that accompany the Software for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by the laws of your territory that cannot be excluded, You are entitled to rely upon it, but only as to defects discovered during the period of this limited warranty (ninety days).
8.2 KLANG’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, UNDER THE LIMITED WARRANTY PROVIDED IN THIS CLAUSE, OR FOR ANY OTHER BREACH OF THIS EULA, OR FOR ANY OTHER LIABILITY RELATING TO THE SOFTWARE, SHALL BE (AT KLANG’S OPTION), (I) RETURN OF THE AMOUNT PAID (IF ANY) FOR THE SOFTWARE, OR (II) REPAIR OR REPLACEMENT OF THE SOFTWARE, TO THE EXTENT THAT IT DOES NOT MEET THE LIMITED WARRANTY.
8.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, a virus, or combination of the Product or Software with any other product or software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and KLANG will use reasonable efforts to provide your remedy within a reasonable time of your compliance with KLANG’s warranty remedy procedures.
- DISCLAIMERS.
9.1 The Limited Warranty that appears above is the only warranty made to You and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
9.2 Except for the Limited Warranty and to the maximum extent permitted by applicable law, KLANG and its suppliers provide the Software and support services (if any) “AS IS” and “WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.
9.3 KLANG DOES NOT WARRANT THAT THE SOFTWARE IS FREE OF BUGS OR ERRORS, AND THE EXISTENCE OF SUCH WILL NOT RESULT IN KLANG (i) BEING IN BREACH OF THIS EULA OR (ii) INCURRING ANY LIABILITY.
Where you are a consumer and there is any conflict between the terms of this clause 9 and applicable consumer protection law, the consumer protection law shall apply.
- LIMITATION OF LIABILITY.
10.1 To the maximum extent permitted by applicable law, and except as provided in any KLANG guarantee provided with the Software or Product and the Limited Warranty (above), KLANG and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of data, loss of business profits or business opportunity, business interruption, loss of business information or other direct, indirect, consequential or pecuniary loss) arising out of the use or inability to use the Software, even if KLANG has been advised of the possibility of such damages.
10.2 (WITHOUT PREJUDICE TO CLAUSE 8.2) IN ANY CASE KLANG’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. SUBJECT TO THE FOREGOING, KLANG’S LIABILITY FOR INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE LIMITED TO BREACHES OF RIGHTS SUBSISTING IN GERMANY.
10.3 Where you are a consumer and there is any conflict between the terms of this clause 10 and applicable consumer protection law the consumer protection law shall apply.
- GENERAL.
11.1 This EULA constitutes the entire agreement between You and KLANG relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA.
11.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
11.3 If any provision of this EULA is held by a competent authority to be illegal, invalid, void or unenforceable under the laws of any jurisdiction, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.4 If KLANG fails, at any time during the term of this EULA to insist upon strict performance of any of your obligations under this EULA, or if it fails to exercise any of the rights or remedies to which it is entitled under this EULA, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by KLANG of any default shall not constitute a waiver of any subsequent default. No waiver by KLANG of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.5 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this License that are caused by an event outside of its reasonable control.
11.6 All notices given by You to KLANG must be given to KLANG:technologies GmbH, Wespienstr. 8-10, 52062 Aachen, Germany. KLANG may give notice to You at your most recent address (be it physical or e-mail) known to KLANG, and/or through a notice posted on KLANG’s then website.
11.7 This license shall be governed and construed in accordance with the laws of Germany excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or related to this EULA shall be subject to the jurisdiction of the courts of Düsseldorf, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
- YOUR ACKNOWLEDGMENT:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE BY USING THE SOFTWARE TO BE BOUND BY ITS TERMS.
Should you have any questions concerning this EULA, please contact:
info@klang.com
or
KLANG:technologies GmbH
Wespienstr. 8-10
52062 Aachen
Germany
Phone: +49 241 89030120
Customizable Parametric EQs
With KOS 5.7, you can now individually adjust the parametric EQs for each channel — not just apply the built-in EQ presets and tweak with root-intensity. This gives you full tonal control, tailored to every input source.
EQs are affecting the input channels for all mixes in the same way and hence are only available in Admin mode. For individual EQs per mix see the newly added Personal Tone Filter feature.
- Make sure EQs are enabled on the processor in
CONFIG > SYSTEM - Navigate to:
CONFIG > CHANNELS - Select the channel you want to edit.
- Choose an EQ preset from the dropdown list (e.g. Bass).
- Click the Root-Intensity icon next to the preset selection.
EQ view.
Customize to enter the Custom EQ View.
Custom EQ View allows to adjust four fully parametric EQ bands.Each channel has four fully parametric EQ bands:
| Element | Function |
|---|---|
| Numbers 1–4 | Select and edit each band. Drag: • Left-right = frequency • Up-down = gain |
| Dot/bar below the number | Adjusts the Q factor (bandwidth). Narrow Q = sharper peak |
| Double-click the number | Opens advanced controls to: • Change the filter type • Manually enter frequency, gain, and Q values |
Click on the number 1–4 to change the frequency (left-right) or gain (up-down). The dot/bar below the number controls the Q factor.
Double click on the number to change the filter type or edit the values manually.
Filter types (from left to right):
- Low Cut (only frequency adjustable)
- Low Shelf
- Peak Filter (bell curve)
- High Shelf
- High Cut (only frequency adjustable)
Personal Tone Filter
The Personal Tone Filter allows each musician to shape the sound of any input channel in their own mix — without affecting anyone else. It adjusts the tonal balance between bass and treble using a simple, intuitive control. Unlike global EQs that apply to all mixes, the personal tone filter works independently per input channel and per mix. It allows musicians to fine-tune their mix without needing a sound engineer.
Tone Range
-11: More bass, less treble0: Neutral (no change)+11: More treble, less bass
The control is continuous between -11 and +11. Double-clicking the knob resets it to 0.
Where to Find It In KLANG:app
Available in the following KLANG:app modes:
Personal ModeShow ModeAdmin Mode
Not available in Musician Mode, since channel detail views are not accessible there.
To access it: CONFIG > CHANNELS > [Channel Name]
Where to Find It On KLANG:kontroller
Channel Config menu needs to be activated on this :kontroller. To enable, connect with KLANG:app to this :kontroller and enable KLANG:app > CONFIG > INFO > Set Menu > Channel ConfigOn :kontroller the TONE control is available in the Channel Config menu.
- Go to a Channel bank, e.g.
CH 1–8 - Click on the
CONFIGbutton - Select a channel with a push on the encoder
- Adjust
TONEwith the rotary encoder
Technical Details
- Works completely independent from KLANG processor EQ, which does not even have to be enabled
- Filter frequencies and gains vary with tone value
- No added latency
- No DSP limitations — each mix can use tone filters independently
- Settings are stored in show files, personal presets, and snapshots
Remote Control
OSC command format:/Kf/ui/<MixNumber>/ch/<ChannelNumber>/tone f <toneValue><toneValue> must be a float between -1.0 and +1.0 (e.g., +11 in KLANG:app becomes 1.0 over OSC).
The tone filter is supported via MIDI and fully integrated into the Allen & Heath SoftKey and fader setup.
Set Tone to Specific Values
Open the simple EQ (Tone Filter) for the selected channel in the current mix.
Mac: ⌘ CMD + ⇧ Shift + T
Windows: CTRL + SHIFT + T
To reset the tone filter across all channels in a mix or globally:
- Go to
CONFIG > PRESET > Set Values - Select
TONE (-11 bass, 0:neutral, 11:treble)from the dropdown - Enter
0in theValuefield - Click
THIS MixorALL Mixesto apply
Improved MIDI Integration
See the Allen & Heath MIDI Integration guide that explains how to setup dLive or Avantis consoles with KLANG:app for remote control and mix switching using MIDI.
Smarter Navigation in STAGE & FADERS Views
Channel Focus in Stage View
Managing many channels in STAGE view can be challenging, especially in larger setups. While it was already possible to limit the view to specific groups or show only SOLO-linked channels, we have now introduced an easier way to focus on exactly the channel you want.
The new CH-Focus feature lets you concentrate on one channel at a time, making 3D panning adjustments faster and more precise.
CH-Focus allows you to isolate and work on a single channel within STAGE view.
- Perfect for adjusting 3D panning or parameters one channel at a time
- Available across all mixes, so you can adjust the same channel in multiple mixes without losing focus
- Works together with Group Selection, so you can step through only the channels within a specific group
Activate CH-Focus
- Tap the
CH-Focusbutton inSTAGEview - Or use the Previous and Next channel arrows below the button to activate and step through channels
Browse Channels
- Use the Previous and Next buttons to step through your channel list one by one
- If a group is selected,
CH-Focuswill only step through the channels within that group
Stay Focused Across Mixes
- When switching between mixes,
CH-Focusremains active - You can adjust the same channel’s 3D panning or other parameters in all mixes without losing your place
CH-Focus is not available but SOLO-Link is available instead. Edit Channel Details e.g. Quick Orbits
When in CH-Focus, click on the small Orbit icon to open the Channel Details view of that channel with a single click.
Alternatively, activate the 2nd / alt button and click on the focussed channel button.
Group Spill
In STAGE view select a group and click on the FADER icon above the list of groups to spill the group’s member channels in FADERS view.
Click on the FADERS icon on the left menu bar to revert group spill.
Orbit & Panning in FADERS View
Press the 2nd / alt button in FADERS view to see the panning positions of each channel.
Click on the orbit icon to jump to STAGE view with the CH-Focus enabled for that particular channel. A click on the Edit icon (pen, not available in Musician mode) opens the channel details.
Improved Group View
A leaner UI lets you navigate quicker with less distractions. Once a group is muted, it is greyed out. And if a group is soloed, all other non-audible groups will be greyed out as well.
Click on the Group Spill icon to spill the member channels of that group in FADERS view
Press 2nd / alt to edit the group details with a single click:
Move Multiple Channels to Another Group
In CONFIG > CHANNELS, click on a channel to open the Channel Details view.
The ASSIGN CH TO GROUP section appends the selected channel to the end of the target group’s member list.
With KOS 5.7 and above, you can now assign multiple channels at once using the ripple options.
By default, NO Ripple is selected — only the current channel will be assigned to the selected group.
Click the text field next to the ripple dropdown to enter the number of channels you want to move.
For example, entering 3 will move three channels in total: the selected channel and the next two channels.
You can also select one of the smart ripple options from the dropdown:
All following in this group– Affects the selected channel and all following channels that are currently in the same group.All following channels– Moves the selected channel and all following channels in the list.All following OFF channels– Only available if the selected channel is switched OFF. Moves all consecutive OFF channels as well. Useful to group and clean up unused channels.
This makes group management much faster, especially when setting up projects or organizing channels after a preset import.
Status LED & Reset Button for IP Configuration
Only on 2nd Generation KLANG Processors
This guide explains what the LED colors mean on a KLANG processor without a display. It helps users understand the network status, connection state, and audio clock validity — even before connecting a KLANG:app.
LED States
Once connected, the LED becomes solid purple, or it blinks purple/red when the audio sync is not valid.
| Diagnostic Mode | Blinking LED State | Meaning | Notes |
|---|---|---|
| Half-Dim Purple | IP assigned via DHCP | DHCP server provided a valid IP |
| Blue | Using link-local Auto-IPs: 169.254.x.x/16 | No DHCP, auto-assigned fallback IP |
| Orange | Using a user defined Fixed IP | Manual IP set via KLANG:app or console, other than 192.168.1.200 |
| White | Using Default KOS IP: 192.168.1.200/16 | Default fixed IP that works well with default DiGiCo console IP addresses |
| Pulsing Purple | Waiting for :app/:kontroller/console to connect… | Will overlay one of the above colors as base status |
Once a KLANG:app or console connects, the LED indicates connection and audio clock status:
| Connected LED State | Meaning |
|---|---|
| Solid Purple | ✅ Connected to at least one :app, :kontroller or console |
| Blinking Purple/Red | ⚠️ Audio clock is invalid (e.g., no sync) |
Basic Configuration with Reset Button Presses
Reset Button on KLANG processors allows to trigger often used configuration features with minimal GUI.
| Button Pattern | Action | Notes |
|---|---|---|
| Single Short Press | Write Logs & Backup to USB | Flash green (short) to confirm |
| Long Press (>3s) | Reboot | Flash red → solid red → reboot |
| Double Short Press | Revert to DHCP | Flash purple 2x → confirm with dim purple |
| Triple Short Press | Set default fixed KOS IP 192.168.1.200 | Flash white 3x → confirm with solid white |
| Five Short Presses | Enter Factory Reset mode | LED blinks blue/purple rapidly |
| Then Long Press | Confirm Factory Reset + Reboot | Flash red rapidly before reboot |
Other Features
Mix Name Integrated in Main Menu in Musician & Personal Mode
In Musician and Personal modes, the current mix name is now displayed directly in the main menu sidebar — just above the view selector (STAGE, FADERS, CONFIG, etc.).
This update increases the usable GUI area, especially when mixing on smaller smartphone or tablet screens, by eliminating the need for a separate mix label section within the fader view.
Mix:1, which now appears neatly in the sidebar:Connected Processor Name in Main Menu
In Show and Admin mode, the device name of the connected processor (e.g., myProcessor) is now always shown in the main menu — just above the current KLANG:app version number. This helps users quickly confirm which processor they are connected to, especially in multi-processor setups or during remote support.
myProcessor) appears in the bottom-left corner of the sidebar main menu.Meter Screen with Mix & Channel Names
In METER view, mix names are now always shown at the bottom of the mix output meters.
This provides faster visual identification.
To display input channel names, enable 2nd / alt button in KLANG:app or press the option / alt key.
2nd / alt reveals the channel labels in the 3DIEM INPUTS (PRE-FADER) section.KLANG:app OSC Request & Reply
Especially when creating custom workflows with 3rd party software, it is best practice to connect to KLANG:app and let it handle the communication with the KLANG processor. Send the following requests to KLANG:app‘s IP address on port 9111 to get a reply to the requester’s IP address on port 9111.
| Currently loaded Preset (KLANG show file) Name | /Ka/request/CurrentPresetName | /Ka/reply/CurrentPresetName s <name> |
| Currently loaded Snapshot name, UID and position in Snapshotlist | /Ka/request/CurrentSnapshot | /Ka/reply/CurrentSnapshot s <name> i <ID> i <positionInList> |
| Mix name and number KLANG:app is currently logged in to | /Ka/request/CurrentMix | /Ka/reply/CurrentMix s <mixName> i <mixNumber> |
| IP and name of connected KLANG processor | /Ka/request/CurrentProcessor | /Ka/reply/CurrentProcessor s <IP> s <deviceName> |
Cleaned Set Menu & Improved Info Screen
Set Menu available in SYSTEM View
Many advanced settings for KLANG hardware, e.g. Fixed IP Address and VLANs have been accessible via KLANG:app > CONFIG > INFO > Set Menu. It is now also available in KLANG:app > CONFIG > SYSTEM > Set Menu along with the Web Interface.
Dedicated Buttons and App Settings
While the Set Menu contained settings for THIS :app, we have now moved all :app related settings to KLANG:app > CONFIG > INFO > App Settings.
The Set Menu now only contains the Advanced Settings for the Connected KLANG hardware and is much cleaner now.
KLANG:app > CONFIG > INFO > Set Menu when connected to a KLANG:kontroller
KLANG:app > CONFIG > INFO > Set Menu when connected to a KLANG processor, e.g. KLANG:vokalBut also other useful features, e.g. Identify, Send Message or the Web Interface are now also available in the INFO screen.
App Settings, Identify, Send Message, … in CONFIG > INFOImproved Network Statistics
Directly see connected network ports of KLANG processors along with the network speed and type in KLANG:app > CONFIG > INFO.
CONFIG > INFO shows the connection type of the network ports of a 2nd generation KLANG processor.Detailed Changelog
5.7.16
2026-02-03 KLANG:app
✨ Improvements
- KKA-1638 Improves preset transfer and loading and removes a potential false warning (#2)
- KKA-1710 Improves MIDI MCU behaviour and fader response
- KKA-1737 Fixes a graphic issue with the cascade icon in the mix bar and in personal/musician mode
- KKA-1738 Fixes an issue on mac os KLANG:app quit
- KKA-1767 Network access warning removed (prevents potential crash)
5.7.15
2026-02-03 KLANG:app & KOS
✨ Improvements
- KKA-462/KKA-464/KKA-1711 Improves MIDI MCU Remote (fader values, speed)
- KKA-1719 OSC/MIDI remotes will be started immediately to speed up working state
- KKA-1715/KKA-1674 Improved Identify blink behaviour for
:kontroller,:konductorandKLANG:app
🐞 Bug Fixes
- KKA-1717 DiGiCo/OSC remote activation will switch off all MIDI remotes
- KKA-1716 Fixes Autosave2 log errors in
KLANG:app - KKA-1683/KKA-1720 Cleanup of log messages (non-blocking logs)
- KKA-1710 Fixes MIDI MCU compatibility when several virtual MIDI drivers are enabled
- KKA-1721 Fixed an issue with DiGiCo session load creating a KLANG show file copy
- KKA-1728 Fixes GUI refresh issue in
STAGEview when number of visible elements did not change at mix switch - KKA-1732 Fixes Console/MIDI integration Ripple Down to use the mapped channel number
- KKA-1735
:vokalDante port will no longer throw network warnings when in modeDante separate Control
5.7.14
2026-01-13 – KOS & KLANG:app
🐞 Bug Fixes
- KKA-1412 / KKA-1703 Prevents network communication issues after a reverse system time/date jump (NTP)
- KKA-1638 Improves preset transfer and loading and removes a potential false warning
- KKA-1704 Fixes a false KLANG:app update available message
- KKA-1705 Prevents a false No channels routed warning on DMI-KLANG with console integration
✨ Improvements
- KKA-1707 Adds recall-safe options when loading mixes and personal presets
- KKA-1709 Improves MIDI snapshot confirmation and adds a Create Snapshot command
- KKA-1677 Allows KOS OTA updates using a dropped folder (macOS)
5.7.13
2025-12-16 – KOS
🐞 Bug Fixes
- KKA-1664 Fixes rare issue with incorrect serial number read during boot (e.g. :vokal+ license check)
- KKA-1647 Fixes occasional :kontroller rotary lagginess
✨ Improvements
- KKA-1670 Improves :konductor DMI-MADI port B clocking accuracy in redundancy case
5.7.11
2025-12-03 – KOS :kontroller
🐞 Bug Fixes
- KKA-1669 – Fixes issue with larger Dante networks and lots of TX channels slowing down kontroller.
5.7.10
2025-12-02 – KOS :kontroller
🐞 Bug Fixes
- KKA-1155/KKA-1657 Fixes ipcore :kontroller dante fixed IP setting.
5.7.9
2025-11-05 – KLANG:app and KOS
🐞 Bug Fixes
- KKA-1633 – Makes sure channel hide status is synced to stereo linked channels (KOS)
- KKA-1618 – Fixes app Group focus button can be deactivated again
- KKA-1620 – Loading default/defaultOFF will reset stereo positions entirely
- KKA-1627 – Fixes a potential app crash when clicking on “Switch to Mix” button
- KKA-1635/1637 – Fixes a potential app crash when switching to GROUPS view
- KKA-1636 – Fixes GROUP view > Jump to Group Details sometimes not working after app restart
✨ Improvements
- KKA-1524 – Meeting Android Page Size requirements
- KKA-1608 – Added OSC to forward to Admin apps /Ka/ToAdmins/…
- KKA-1624 – Set Values menu with option to load with or without recall safes
- KKA-1628 – Advanced debug features enabled
5.7.8
2025-10-28 – KLANG:app only
🐞 Bug Fixes
- KKA-1609 Fixes a potential :app crash when deleting a group
- KKA-1617 Fixes a rare issue with Position recall safes
- KKA-1621 Show ambience mic, aux and Dante labels in METER view when connected to a :kontroller
5.7.7
2025-10-20
🐞 Bug Fixes
- KKA-1605 Fixes a Dante Audio issue on IPcore :kontroller when updating from 5.5 (or prior) to 5.7 (5.7.1–5.7.6) (2nd Gen. KOS only)
KKA-1606 Fixes an issue with KLANG:app’s automatic KOS update detection
5.7.5 / 5.7.6
2025-09-29 / 2025-10-07
🐞 Bug Fixes
- KKA-1522 – Potential instabilility on connect with two IPs and then
CONFIG > INFO > Set Menu. - KKA-1561 – “Cueing” will not be shown when KOS IP error
- KKA-1562 – Fixes :quelle XDM fixed IP configuration
- KKA-1563 – Warning about GUI Tunnel should not appear when connected to XDM.
- KKA-1594 – Accepting 169.254.x.0 link-local IPs (affected 5.7.4)
✨ Improvements
- KKA-1492 –
KLANG:appCollect Logs no longer requires connected to hardware processor. - KKA-1570 –
KLANG:appwill log and show confirmation when it is remotely assigned to a different mix. - KKA-1574 – App writes in log if it has internet connection.
- KKA-1576 –
FADERscreen indicates ifNo Active Channelsfound and jumps toCONFIG > CHANNELS. - KKA-1578 – Channel faders set to -80 dB in default/defaultOFF(Auto Unmute for MIDI integration)
- KKA-1555 – Drag and drop of
*.xmlshould automatically rename to*.KLANGshow. No compression required. - KKA-1593 – Write logs via OSC to KLANG:app
/Ka/control/collectLogs s <optionalFilename>
5.7.4
2025-09-26
🐞 Bug Fixes
- KKA-1552 – Fixes graphic issue with root intenstiy EQ in
CONFIG > CONNECT - KKA–1549 – Fixes a potential app crash when switching to mix with less visible faders
- KKA-1546 – Fixes issue with multiple KLANG:app windows being unresponsive
- KKA-1280 – Fixes an issue with old settings from demo mode when offline editor is started (white ch 0 entries)
- KKA-708 – Fixes issues with EQ in demo mode
- KKA-1470 – Fixes personal preset transfer from app to :kontroller
- KKA-1556 – Fixes a temporary issue with showing MIDI devices in 5.7.3
- KKA-1558 – Fixes a flickering icon after loading default/defaultOFF with console/midi remote
✨ Improvements
- KKA-1547/KKA-1452 – Collect Logs is quicker and saves automatically
- KKA-1550 – App consumes less energy on mobile devices
- KKA-1539 – Improved Preset Screen
- KKA-1161 – If a 2nd gen processors detects Network loop it warns with a blinking LED and warning in connect Admin apps
- KKA-1087 – Reduced warning on 1st generation processor voltage readings
- KKA-994 – Stereo linking is prevented in Show mode
- KKA-1551 – Faster graphic response on
2nd / altpress - KKA-1548 – Demo mode and offline editor start automatically switch to
STAGEandFADERSview respectively - KKA-1371 – Preset screen file list will be updated immediately on any changes
5.7.3
2025-09-16
✨ Improvements
- KKA-1541 – KOS Update only allowed in
Admin mode - KKA-1096 – KLANGapp.log now contains IP address with CIDR subnet masks
5.7.2
2025-09-04
🐞 Bug Fixes
- KKA-619 – Console IP not visible when High Contrast Skin is used.
- KKA-1511 – Severe lag on KLANG:kontroller while GUI is displayed in App or Web.
- KKA-1518 – Engineer CUE routing and overlay routing issue causing distortion.
- KKA-1519 – MIDI faders above max gain must not trigger auto adjust (Ktrl AutoAdjust).
- KKA-1533 – Preset Export as XML creates 0 KB files (broken in 5.6 / 5.7).
- KKA-1525 – KLANG:quelle XDM should not appear in
CONNECTscreen inMusician,Personal,Showmode, or on kontroller. - KKA-1526 – Offline Editor should not offer KOS update.
✨ Improvements
- KKA-1469 – Show group in
Channel Focusview when a channel belongs to a group. - KKA-1482 – Show connected processor name in Main Menu of KLANG:app.
- KKA-1483 – Allow app to only display specific processors (useful in complex networks).
- KKA-1485 – KOS Update button in KLANG:app now triggers multi-device OTA selection.
- KKA-1521 – Improve color/size of device list on KLANG:konductor front GUI connect screen.
- KKA-1527 – Prompt and force App restart after changing KLANG:app skin.
- KKA-1529 – Add option to quit KLANG:app.
- KKA-1528 – Add quick group edit function in GROUPS view.
5.7.1
2025-09-01
🐞 Bug Fixes
- KKA-1379 – Fixed instabilities when running in Demo Mode.
- KKA-1448 – Resolved issue where the last personal preset was visually shown as loaded on app start.
- KKA-1449 – Loading a mix preset in
Admin modeno longer sets the mix to recall safe. - KKA-1397 – KLANG:konductor engine B now uses a random MAC address (no longer externally accessible).
- KKA-1430 – The app on iOS and Android no longer times out in background when resumed.
- KKA-915 – Mix names and channel names now display correctly in the
METER view (with2nd / altenabled). - KKA-1507 – Improved wording for Control and Dante IP configuration in the
SETmenu.
✨ Improvements
- KKA-1263 – Panning Law can now be changed per mix, providing better control for FOH vs in-ear use.
- KKA-1365 / KKA-1329 – :kontroller auto gain adjustment can now be fully disabled (KtrlAutoAdjust).
- KKA-1362 – Added and refined a selection of quick orbit positions in 3D view.
- KKA-1351 – KLANG:app now supports OTA updates on multiple 2nd generation devices simultaneously.
- KKA-1350 – In console integration, the manual AUX mapping dropdown now supports more than 32 entries.
- KKA-1345 – Every screen in KLANG:app can now be triggered via OSC.
- KKA-1346 – Collect Logs now also backs up presets, show files, and settings from connected apps.
- KKA-1076 – Added support for MIDI snapshot fire using dedicated snapshot numbers.
- KKA-1178 – Added a menu option to exit Demo Mode.
- KKA-1297 – Made voltage warnings on :fabrik and :vier less strict to reduce unnecessary alerts.
- KKA-1373 – App now supports OSC forwarding (Broadcast, “to others”, and Overlay Message).See full documentation at www.klang.com/osc.
- KKA-1503 / KKA-1340 / KKA-594 / KKA-531 – Improved text and icon visibility by adjusting contrast based on background color.
- KKA-1450 – Updated Android builds to SDK version 35.
