Blog Products: KLANG:1 / KLANG:1pro
GENERAL EULA
General EULA
Version 2.0, effective 4 September 2026
Please read and make sure you understand this End User Licence Agreement before you download and install any software from this website or use any goods sold to you by us which contain software.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN THE PERSON OR ENTITY WHO PURCHASED THE PRODUCT OR SOFTWARE (“LICENSEE” OR “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"). AN AMENDMENT OR ADDENDUM TO THIS EULA MAY ACCOMPANY THE SOFTWARE.
KLANG PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS EULA AND ON THE CONDITION THAT LICENSEE ACCEPTS AND COMPLIES WITH THEM. BY CLICKING THE “ACCEPT” BUTTON and/or downloading and using the software, YOU (A) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF LICENSEE IS A COMPANY, GOVERNMENTAL ORGANISATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS EULA ON BEHALF OF LICENSEE AND BIND LICENSEE TO ITS TERMS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA OR YOUR OR LICENSEE’S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS EULA, NO LICENCE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS EULA, AND THIS EULA EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY SOFTWARE THAT LICENSEE DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORISED COPY OF KLANG’S 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).
1. GRANT OF LICENCE.
In consideration of You 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 use of any free Software and 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 or Product online or in paper format (and which includes, without limitation, the terms and conditions upon which KLANG sold the Product to You) (“Documentation”) solely for Your personal use (if you are a Consumer as defined in clause 10.4 below) or for Licensee’s internal business purposes (if you are a Business Customer as defined in clause 6.1.6).
2. 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 licences 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 11 below.
2.2 A list of the third party software, acknowledgement and licences 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 licences. You may obtain a complete source code copy of such free software under the terms of the licence if applicable, without charge 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 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 6.1.5, 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.
3. EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to export and import control laws. You agree to comply with all such relevant laws and regulations and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, the Software may not be downloaded, or otherwise exported or re-exported (i) to any country to which relevant countries have embargoed goods (as such listing may be revised from time to time); or (ii) to anyone on any country’s or organization’s list of embargoed individuals and entities, such as the U.S. Treasury Department's list of Specially Designated Nationals (SDN) or the U.S. Commerce Department's Table of Denial Orders or similar relevant lists.
4. INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licences 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. The Software is licensed, not sold, to You by KLANG, and 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.
5. ADDITIONAL SOFTWARE/SERVICES.
5.1 This EULA and any amendment or addendum to this EULA applies to any and all updates, supplements, or plug-in and / 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.
5.2 Unless KLANG explicitly grants You further licenses, any license keys, access codes or other content You purchase from KLANG or that KLANG provides or makes available to you (whether by electronic or physical means, and whether together with or separately from the Software) (i) may be installed and used on one Product only; and (ii) are confidential and personal to You. You agree to keep all such keys, codes and content confidential and not make copies or permit their use other than under the conditions permitted by this EULA.
6. LICENSEE'S UNDERTAKINGS
6.1 Except as expressly set out in this EULA or as permitted by any local law, you undertake:
6.1.1 not to (directly or indirectly) use the Software or Documentation beyond the scope of the licence granted under clause 1;
6.1.2 not to copy the Software or Documentation except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.3 not to translate, merge, adapt, vary or modify the Software or Documentation, assign the benefit or burden of this EULA in whole or in part, or allow the Software to become the subject of a charge, lien or encumbrance, except to the extent that by virtue of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions can not be prohibited;
6.1.4 not to make alterations to, or modifications of, the whole or any part of the Software nor 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;
6.1.5 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 Urheberrechsgesetz (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.
6.1.6 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;
6.1.7 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;
6.1.8 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 EULA; and
6.1.9 to include our and our licensors’ copyright notices on all entire and partial copies you make of the Software or any third party software we supply on any medium, and not remove, delete, alter, or obscure any trade marks or any copyright or other intellectual property or proprietary rights notices provided on or with the Software or Documentation, including any copy thereof.
6.2 You 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 EULA, for the purpose of ensuring that you are complying with the terms of this EULA.
7. UNAUTHORISED ACCESS AND MISUSE
7.1 You agree that you shall not engage in, authorise, enable, facilitate or permit any activity that may compromise the security, integrity, or availability of the Software or any of KLANG’s systems, networks, or services, including but not limited to hacking, unauthorised access, or the introduction of malicious software.
7.2 You agree that you shall not, and shall not authorise, enable, facilitate or permit any third party, to use any license key, access code or other content, not expressly sold or authorised by KLANG, to circumvent, or otherwise circumvent, any technical protection measures in or relating to the Software or the Product (including, but not limited to, measures protecting access to purchasable content such as plug-ins, add-ons and expansion packs).
7.3 You agree that you shall not, and shall not authorise, enable, facilitate or permit any third party to: (i) circumvent or attempt to circumvent any security or encryption features of or relating to the Software or the Product, or any of KLANG’s systems, networks or services; (ii) disrupt or interfere with the proper functioning of the Software, or KLANG’s systems, networks, or services; (iii) access (or attempt to access) KLANG’s data, accounts, systems or any features or capabilities of the Product and/or Software that you have not acquired lawfully or that you do not have express authorisation to access; or (iv) use the Software or any of KLANG’s systems, networks or services to transmit, distribute, or store any material that is unlawful, infringing, or harmful.
7.4 In the event of any suspected or actual unauthorised access or misuse by you, KLANG reserves the right to immediately suspend your access to and use of the Software and take any necessary legal or technical measures to prevent further violations.
8. RESALE AND SOFTWARE TRANSFER.
8.1 Software identified as "Not for Resale" or "NFR" may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
8.2 Internal: You may transfer the Software to an alternative system. After the transfer, You must completely remove the Software from the former system.
8.3 Transfer to a third party: You may make a one-time permanent transfer of this EULA and the Software to another end user. If you do so (i) You may not retain any copy of the Software, (ii) the transfer must include all of the Software (including all component parts, the media and printed materials, any updates and, if applicable, a Certificate of Authenticity) and be subject to this EULA. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to be bound by this EULA and any amendment or addendum to this EULA.
9. 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.
10. LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
10.1 Subject to clauses 11.3 and 11.4, 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 (“Limited Warranty”). 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 the Limited Warranty (ninety days).
10.2 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.
10.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause 10 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.
10.4 Where You: (i) are acting outside the course of Your trade, business, craft or profession, and are using Products for Your domestic, private, and non-commercial use; and (ii) you have either paid KLANG for the Software or a Product for which you were obliged to download and/or install Software on the Product for its proper functioning (“Consumer”) the warranties and remedies in relation to the Software shall be those contained in the terms and conditions upon which KLANG sold the Products to You as a Consumer (“Consumer Terms of Sale”).
11. DISCLAIMERS.
11.1 The Limited Warranty 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.
11.2 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.
11.3 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.
11.4 SO FAR AS IS PERMITTED BY LAW, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
Where you are a Consumer and there is any conflict between the terms of this clause 11 and the Consumer Terms of Sale, or applicable comsumer protection law, the Consumer Terms of Sale/ consumer protection law shall apply.
12. LIMITATION OF LIABILITY.
12.1 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.
12.2 WITHOUT PREJUDICE TO CLAUSE 10.2, 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.
12.3 Where you are a Consumer and there is any conflict between the terms of this clause 12 and the Consumer Terms of Sale or applicable consumer protection law, the terms of the Consumer Terms of Sale/consumer protection law shall apply.
13. INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless KLANG, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or related to: (i) any unauthorised access to or misuse of the Software or KLANG’s systems, networks, or services by you or any third party; (ii) any breach of your obligations under this EULA concerning unauthorised access or misuse; (iii) any security incident caused or facilitated by your actions or omissions; or (iv) any third-party claims resulting from such activities.
Where you are a consumer, the relevant legal regulations apply.
14. COLLECTION AND USE OF INFORMATION.
14.1 When you activate and use the Software, KLANG may collect your name, email address, and other contact information that you choose to provide in the course of support and maintenance services. KLANG will safeguard and use this information in a manner consistent with the KLANG Privacy Policy – https://www.klang.com/privacy-policy/
14.2 You acknowledge that KLANG may, directly or indirectly through the services of third parties, collect and store information regarding use of the Software and about equipment on which the Software is installed or through which it otherwise is accessed and used, through the provision of maintenance and support services. You agree that KLANG may use such information for any purpose related to any use of the Software by You or on Your equipment, including but not limited to: (i) improving the performance of the Software or developing updates; and (ii) verifying Your compliance with the terms of this EULA and enforcing KLANG’s rights, including all intellectual property rights in and to the Software.
15. GENERAL.
15.1 Save where the Software forms part of a Product, this EULA (including any KLANG addendum or amendment to this EULA which is included with the Software and the licences referenced in clause 2) constitutes the entire agreement between You and KLANG relating to the Software and the support services (if any), 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. To the extent the terms of any KLANG policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall prevail over such conflicting provisions.
15.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
15.3 KLANG may transfer, assign, charge, sub-contract or otherwise dispose of this EULA, or any of its rights or obligations arising under it, at any time.
15.4 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.
15.5 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.
15.6 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this EULA that are caused by an event outside of its reasonable control.
15.7 All notices given by You to KLANG must be given to KLANG at 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. Notice will be deemed received and properly served 24 hours after an e-mail is sent, 24 hours after posting on KLANG's website, or three days after the date of posting of any letter.
15.8 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 Aachen, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
16. 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
Version 2.0, effective 4 September 2026
Please read and make sure you understand this End User Licence Agreement before you download and install any software from this website or use any goods sold to you by us which contain software.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN THE PERSON OR ENTITY WHO PURCHASED THE PRODUCT OR SOFTWARE (“LICENSEE” OR “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"). AN AMENDMENT OR ADDENDUM TO THIS EULA MAY ACCOMPANY THE SOFTWARE.
KLANG PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS EULA AND ON THE CONDITION THAT LICENSEE ACCEPTS AND COMPLIES WITH THEM. BY CLICKING THE “ACCEPT” BUTTON and/or downloading and using the software, YOU (A) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF LICENSEE IS A COMPANY, GOVERNMENTAL ORGANISATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS EULA ON BEHALF OF LICENSEE AND BIND LICENSEE TO ITS TERMS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA OR YOUR OR LICENSEE’S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS EULA, NO LICENCE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS EULA, AND THIS EULA EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY SOFTWARE THAT LICENSEE DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORISED COPY OF KLANG’S 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).
1. GRANT OF LICENCE.
In consideration of You 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 use of any free Software and 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 or Product online or in paper format (and which includes, without limitation, the terms and conditions upon which KLANG sold the Product to You) (“Documentation”) solely for Your personal use (if you are a Consumer as defined in clause 10.4 below) or for Licensee’s internal business purposes (if you are a Business Customer as defined in clause 6.1.6).
2. 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 licences 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 11 below.
2.2 A list of the third party software, acknowledgement and licences 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 licences. You may obtain a complete source code copy of such free software under the terms of the licence if applicable, without charge 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 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 6.1.5, 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.
3. EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to export and import control laws. You agree to comply with all such relevant laws and regulations and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, the Software may not be downloaded, or otherwise exported or re-exported (i) to any country to which relevant countries have embargoed goods (as such listing may be revised from time to time); or (ii) to anyone on any country’s or organization’s list of embargoed individuals and entities, such as the U.S. Treasury Department's list of Specially Designated Nationals (SDN) or the U.S. Commerce Department's Table of Denial Orders or similar relevant lists.
4. INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licences 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. The Software is licensed, not sold, to You by KLANG, and 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.
5. ADDITIONAL SOFTWARE/SERVICES.
5.1 This EULA and any amendment or addendum to this EULA applies to any and all updates, supplements, or plug-in and / 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.
5.2 Unless KLANG explicitly grants You further licenses, any license keys, access codes or other content You purchase from KLANG or that KLANG provides or makes available to you (whether by electronic or physical means, and whether together with or separately from the Software) (i) may be installed and used on one Product only; and (ii) are confidential and personal to You. You agree to keep all such keys, codes and content confidential and not make copies or permit their use other than under the conditions permitted by this EULA.
6. LICENSEE'S UNDERTAKINGS
6.1 Except as expressly set out in this EULA or as permitted by any local law, you undertake:
6.1.1 not to (directly or indirectly) use the Software or Documentation beyond the scope of the licence granted under clause 1;
6.1.2 not to copy the Software or Documentation except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.3 not to translate, merge, adapt, vary or modify the Software or Documentation, assign the benefit or burden of this EULA in whole or in part, or allow the Software to become the subject of a charge, lien or encumbrance, except to the extent that by virtue of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions can not be prohibited;
6.1.4 not to make alterations to, or modifications of, the whole or any part of the Software nor 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;
6.1.5 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 Urheberrechsgesetz (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.
6.1.6 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;
6.1.7 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;
6.1.8 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 EULA; and
6.1.9 to include our and our licensors’ copyright notices on all entire and partial copies you make of the Software or any third party software we supply on any medium, and not remove, delete, alter, or obscure any trade marks or any copyright or other intellectual property or proprietary rights notices provided on or with the Software or Documentation, including any copy thereof.
6.2 You 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 EULA, for the purpose of ensuring that you are complying with the terms of this EULA.
7. UNAUTHORISED ACCESS AND MISUSE
7.1 You agree that you shall not engage in, authorise, enable, facilitate or permit any activity that may compromise the security, integrity, or availability of the Software or any of KLANG’s systems, networks, or services, including but not limited to hacking, unauthorised access, or the introduction of malicious software.
7.2 You agree that you shall not, and shall not authorise, enable, facilitate or permit any third party, to use any license key, access code or other content, not expressly sold or authorised by KLANG, to circumvent, or otherwise circumvent, any technical protection measures in or relating to the Software or the Product (including, but not limited to, measures protecting access to purchasable content such as plug-ins, add-ons and expansion packs).
7.3 You agree that you shall not, and shall not authorise, enable, facilitate or permit any third party to: (i) circumvent or attempt to circumvent any security or encryption features of or relating to the Software or the Product, or any of KLANG’s systems, networks or services; (ii) disrupt or interfere with the proper functioning of the Software, or KLANG’s systems, networks, or services; (iii) access (or attempt to access) KLANG’s data, accounts, systems or any features or capabilities of the Product and/or Software that you have not acquired lawfully or that you do not have express authorisation to access; or (iv) use the Software or any of KLANG’s systems, networks or services to transmit, distribute, or store any material that is unlawful, infringing, or harmful.
7.4 In the event of any suspected or actual unauthorised access or misuse by you, KLANG reserves the right to immediately suspend your access to and use of the Software and take any necessary legal or technical measures to prevent further violations.
8. RESALE AND SOFTWARE TRANSFER.
8.1 Software identified as "Not for Resale" or "NFR" may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
8.2 Internal: You may transfer the Software to an alternative system. After the transfer, You must completely remove the Software from the former system.
8.3 Transfer to a third party: You may make a one-time permanent transfer of this EULA and the Software to another end user. If you do so (i) You may not retain any copy of the Software, (ii) the transfer must include all of the Software (including all component parts, the media and printed materials, any updates and, if applicable, a Certificate of Authenticity) and be subject to this EULA. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to be bound by this EULA and any amendment or addendum to this EULA.
9. 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.
10. LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
10.1 Subject to clauses 11.3 and 11.4, 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 (“Limited Warranty”). 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 the Limited Warranty (ninety days).
10.2 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.
10.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause 10 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.
10.4 Where You: (i) are acting outside the course of Your trade, business, craft or profession, and are using Products for Your domestic, private, and non-commercial use; and (ii) you have either paid KLANG for the Software or a Product for which you were obliged to download and/or install Software on the Product for its proper functioning (“Consumer”) the warranties and remedies in relation to the Software shall be those contained in the terms and conditions upon which KLANG sold the Products to You as a Consumer (“Consumer Terms of Sale”).
11. DISCLAIMERS.
11.1 The Limited Warranty 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.
11.2 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.
11.3 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.
11.4 SO FAR AS IS PERMITTED BY LAW, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
Where you are a Consumer and there is any conflict between the terms of this clause 11 and the Consumer Terms of Sale, or applicable comsumer protection law, the Consumer Terms of Sale/ consumer protection law shall apply.
12. LIMITATION OF LIABILITY.
12.1 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.
12.2 WITHOUT PREJUDICE TO CLAUSE 10.2, 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.
12.3 Where you are a Consumer and there is any conflict between the terms of this clause 12 and the Consumer Terms of Sale or applicable consumer protection law, the terms of the Consumer Terms of Sale/consumer protection law shall apply.
13. INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless KLANG, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or related to: (i) any unauthorised access to or misuse of the Software or KLANG’s systems, networks, or services by you or any third party; (ii) any breach of your obligations under this EULA concerning unauthorised access or misuse; (iii) any security incident caused or facilitated by your actions or omissions; or (iv) any third-party claims resulting from such activities.
Where you are a consumer, the relevant legal regulations apply.
14. COLLECTION AND USE OF INFORMATION.
14.1 When you activate and use the Software, KLANG may collect your name, email address, and other contact information that you choose to provide in the course of support and maintenance services. KLANG will safeguard and use this information in a manner consistent with the KLANG Privacy Policy – https://www.klang.com/privacy-policy/
14.2 You acknowledge that KLANG may, directly or indirectly through the services of third parties, collect and store information regarding use of the Software and about equipment on which the Software is installed or through which it otherwise is accessed and used, through the provision of maintenance and support services. You agree that KLANG may use such information for any purpose related to any use of the Software by You or on Your equipment, including but not limited to: (i) improving the performance of the Software or developing updates; and (ii) verifying Your compliance with the terms of this EULA and enforcing KLANG’s rights, including all intellectual property rights in and to the Software.
15. GENERAL.
15.1 Save where the Software forms part of a Product, this EULA (including any KLANG addendum or amendment to this EULA which is included with the Software and the licences referenced in clause 2) constitutes the entire agreement between You and KLANG relating to the Software and the support services (if any), 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. To the extent the terms of any KLANG policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall prevail over such conflicting provisions.
15.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
15.3 KLANG may transfer, assign, charge, sub-contract or otherwise dispose of this EULA, or any of its rights or obligations arising under it, at any time.
15.4 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.
15.5 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.
15.6 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this EULA that are caused by an event outside of its reasonable control.
15.7 All notices given by You to KLANG must be given to KLANG at 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. Notice will be deemed received and properly served 24 hours after an e-mail is sent, 24 hours after posting on KLANG's website, or three days after the date of posting of any letter.
15.8 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 Aachen, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
16. 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
Version 2.0, effective 4 September 2026
Please read and make sure you understand this End User Licence Agreement before you download and install any software from this website or use any goods sold to you by us which contain software.
KLANG END USER LICENCE AGREEMENT
IMPORTANT- PLEASE READ CAREFULLY: THIS END-USER LICENCE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN THE PERSON OR ENTITY WHO PURCHASED THE PRODUCT OR SOFTWARE (“LICENSEE” OR “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"). AN AMENDMENT OR ADDENDUM TO THIS EULA MAY ACCOMPANY THE SOFTWARE.
KLANG PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS EULA AND ON THE CONDITION THAT LICENSEE ACCEPTS AND COMPLIES WITH THEM. BY CLICKING THE “ACCEPT” BUTTON and/or downloading and using the software, YOU (A) ACCEPT THIS EULA AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: (I) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (II) IF LICENSEE IS A COMPANY, GOVERNMENTAL ORGANISATION, OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS EULA ON BEHALF OF LICENSEE AND BIND LICENSEE TO ITS TERMS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS EULA OR YOUR OR LICENSEE’S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS EULA, NO LICENCE IS GRANTED (WHETHER EXPRESSLY, BY IMPLICATION, OR OTHERWISE) UNDER THIS EULA, AND THIS EULA EXPRESSLY EXCLUDES ANY RIGHT, CONCERNING ANY SOFTWARE THAT LICENSEE DID NOT ACQUIRE LAWFULLY OR THAT IS NOT A LEGITIMATE, AUTHORISED COPY OF KLANG’S 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).
1. GRANT OF LICENCE.
In consideration of You 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 use of any free Software and 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 or Product online or in paper format (and which includes, without limitation, the terms and conditions upon which KLANG sold the Product to You) (“Documentation”) solely for Your personal use (if you are a Consumer as defined in clause 10.4 below) or for Licensee’s internal business purposes (if you are a Business Customer as defined in clause 6.1.6).
2. 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 licences 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 11 below.
2.2 A list of the third party software, acknowledgement and licences 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 licences. You may obtain a complete source code copy of such free software under the terms of the licence if applicable, without charge 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 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 6.1.5, 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.
3. EXPORT/IMPORT RESTRICTIONS.
The Software, including technical data, may be subject to export and import control laws. You agree to comply with all such relevant laws and regulations and acknowledge that it is your responsibility to obtain all licenses to export, re-export, or import the Software. In particular, the Software may not be downloaded, or otherwise exported or re-exported (i) to any country to which relevant countries have embargoed goods (as such listing may be revised from time to time); or (ii) to anyone on any country’s or organization’s list of embargoed individuals and entities, such as the U.S. Treasury Department's list of Specially Designated Nationals (SDN) or the U.S. Commerce Department's Table of Denial Orders or similar relevant lists.
4. INTELLECTUAL PROPERTY RIGHTS.
KLANG reserves all rights not expressly granted to You in this EULA or third party licences 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. The Software is licensed, not sold, to You by KLANG, and 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.
5. ADDITIONAL SOFTWARE/SERVICES.
5.1 This EULA and any amendment or addendum to this EULA applies to any and all updates, supplements, or plug-in and / 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.
5.2 Unless KLANG explicitly grants You further licenses, any license keys, access codes or other content You purchase from KLANG or that KLANG provides or makes available to you (whether by electronic or physical means, and whether together with or separately from the Software) (i) may be installed and used on one Product only; and (ii) are confidential and personal to You. You agree to keep all such keys, codes and content confidential and not make copies or permit their use other than under the conditions permitted by this EULA.
6. LICENSEE'S UNDERTAKINGS
6.1 Except as expressly set out in this EULA or as permitted by any local law, you undertake:
6.1.1 not to (directly or indirectly) use the Software or Documentation beyond the scope of the licence granted under clause 1;
6.1.2 not to copy the Software or Documentation except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
6.1.3 not to translate, merge, adapt, vary or modify the Software or Documentation, assign the benefit or burden of this EULA in whole or in part, or allow the Software to become the subject of a charge, lien or encumbrance, except to the extent that by virtue of the German Urheberrechtsgesetz (Copyright Act) or other applicable copyright law, such actions can not be prohibited;
6.1.4 not to make alterations to, or modifications of, the whole or any part of the Software nor 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;
6.1.5 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 Urheberrechsgesetz (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.
6.1.6 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;
6.1.7 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;
6.1.8 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 EULA; and
6.1.9 to include our and our licensors’ copyright notices on all entire and partial copies you make of the Software or any third party software we supply on any medium, and not remove, delete, alter, or obscure any trade marks or any copyright or other intellectual property or proprietary rights notices provided on or with the Software or Documentation, including any copy thereof.
6.2 You 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 EULA, for the purpose of ensuring that you are complying with the terms of this EULA.
7. UNAUTHORISED ACCESS AND MISUSE
7.1 You agree that you shall not engage in, authorise, enable, facilitate or permit any activity that may compromise the security, integrity, or availability of the Software or any of KLANG’s systems, networks, or services, including but not limited to hacking, unauthorised access, or the introduction of malicious software.
7.2 You agree that you shall not, and shall not authorise, enable, facilitate or permit any third party, to use any license key, access code or other content, not expressly sold or authorised by KLANG, to circumvent, or otherwise circumvent, any technical protection measures in or relating to the Software or the Product (including, but not limited to, measures protecting access to purchasable content such as plug-ins, add-ons and expansion packs).
7.3 You agree that you shall not, and shall not authorise, enable, facilitate or permit any third party to: (i) circumvent or attempt to circumvent any security or encryption features of or relating to the Software or the Product, or any of KLANG’s systems, networks or services; (ii) disrupt or interfere with the proper functioning of the Software, or KLANG’s systems, networks, or services; (iii) access (or attempt to access) KLANG’s data, accounts, systems or any features or capabilities of the Product and/or Software that you have not acquired lawfully or that you do not have express authorisation to access; or (iv) use the Software or any of KLANG’s systems, networks or services to transmit, distribute, or store any material that is unlawful, infringing, or harmful.
7.4 In the event of any suspected or actual unauthorised access or misuse by you, KLANG reserves the right to immediately suspend your access to and use of the Software and take any necessary legal or technical measures to prevent further violations.
8. RESALE AND SOFTWARE TRANSFER.
8.1 Software identified as "Not for Resale" or "NFR" may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.
8.2 Internal: You may transfer the Software to an alternative system. After the transfer, You must completely remove the Software from the former system.
8.3 Transfer to a third party: You may make a one-time permanent transfer of this EULA and the Software to another end user. If you do so (i) You may not retain any copy of the Software, (ii) the transfer must include all of the Software (including all component parts, the media and printed materials, any updates and, if applicable, a Certificate of Authenticity) and be subject to this EULA. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to be bound by this EULA and any amendment or addendum to this EULA.
9. 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.
10. LIMITED WARRANTY & YOUR EXCLUSIVE REMEDY.
10.1 Subject to clauses 11.3 and 11.4, 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 (“Limited Warranty”). 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 the Limited Warranty (ninety days).
10.2 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.
10.3 You will receive the remedy elected by KLANG. You are responsible for any expenses You may incur. The Limited Warranty provided in this clause 10 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.
10.4 Where You: (i) are acting outside the course of Your trade, business, craft or profession, and are using Products for Your domestic, private, and non-commercial use; and (ii) you have either paid KLANG for the Software or a Product for which you were obliged to download and/or install Software on the Product for its proper functioning (“Consumer”) the warranties and remedies in relation to the Software shall be those contained in the terms and conditions upon which KLANG sold the Products to You as a Consumer (“Consumer Terms of Sale”).
11. DISCLAIMERS.
11.1 The Limited Warranty 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.
11.2 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.
11.3 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.
11.4 SO FAR AS IS PERMITTED BY LAW, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
Where you are a Consumer and there is any conflict between the terms of this clause 11 and the Consumer Terms of Sale, or applicable comsumer protection law, the Consumer Terms of Sale/ consumer protection law shall apply.
12. LIMITATION OF LIABILITY.
12.1 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.
12.2 WITHOUT PREJUDICE TO CLAUSE 10.2, 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.
12.3 Where you are a Consumer and there is any conflict between the terms of this clause 12 and the Consumer Terms of Sale or applicable consumer protection law, the terms of the Consumer Terms of Sale/consumer protection law shall apply.
13. INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless KLANG, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses arising out of or related to: (i) any unauthorised access to or misuse of the Software or KLANG’s systems, networks, or services by you or any third party; (ii) any breach of your obligations under this EULA concerning unauthorised access or misuse; (iii) any security incident caused or facilitated by your actions or omissions; or (iv) any third-party claims resulting from such activities.
Where you are a consumer, the relevant legal regulations apply.
14. COLLECTION AND USE OF INFORMATION.
14.1 When you activate and use the Software, KLANG may collect your name, email address, and other contact information that you choose to provide in the course of support and maintenance services. KLANG will safeguard and use this information in a manner consistent with the KLANG Privacy Policy – https://www.klang.com/privacy-policy/
14.2 You acknowledge that KLANG may, directly or indirectly through the services of third parties, collect and store information regarding use of the Software and about equipment on which the Software is installed or through which it otherwise is accessed and used, through the provision of maintenance and support services. You agree that KLANG may use such information for any purpose related to any use of the Software by You or on Your equipment, including but not limited to: (i) improving the performance of the Software or developing updates; and (ii) verifying Your compliance with the terms of this EULA and enforcing KLANG’s rights, including all intellectual property rights in and to the Software.
15. GENERAL.
15.1 Save where the Software forms part of a Product, this EULA (including any KLANG addendum or amendment to this EULA which is included with the Software and the licences referenced in clause 2) constitutes the entire agreement between You and KLANG relating to the Software and the support services (if any), 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. To the extent the terms of any KLANG policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall prevail over such conflicting provisions.
15.2 This EULA is binding on You and KLANG and on any respective successors and assigns.
15.3 KLANG may transfer, assign, charge, sub-contract or otherwise dispose of this EULA, or any of its rights or obligations arising under it, at any time.
15.4 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.
15.5 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.
15.6 KLANG will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this EULA that are caused by an event outside of its reasonable control.
15.7 All notices given by You to KLANG must be given to KLANG at 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. Notice will be deemed received and properly served 24 hours after an e-mail is sent, 24 hours after posting on KLANG's website, or three days after the date of posting of any letter.
15.8 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 Aachen, Germany. Where You use the Software outside of Germany, the local law may impose greater restrictions on You that You must comply with.
16. 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