This legal document has to accompany any official or custom files of the Software. It may not be removed or modified. This document pertains to all use of the Software package worldwide. This document supersedes all previous licenses or distribution policies.

End user license agreement (METAS UncLib EULA)

between

The Federal Institute of Metrology, METAS, Lindenweg 50, 3003 Bern-Wabern, Switzerland 

(hereinafter called METAS or Licensor)

and

any person using the Software 

(the Licensee)

1. Definition of the Software
The software METAS UncLib version 2.7 consists of the following dynamic link libraries
- Metas.Alglib.dll
- Metas.IntelMKL.dll
- Metas.UncLib.Core.dll
- Metas.UncLib.DistProp.dll
- Metas.UncLib.LinProp.dll
- Metas.UncLib.MCProp.dll
- Metas.UncLib.Optimization.dll
- Metas.UncLibCOM.Core
- Metas.UncLibCOM.DistProp.dll
- Metas.UncLibCOM.LinProp.dll
- Metas.UncLibCOM.MCProp.dll
and associated support files
(together “Software”)

2. License of METAS
METAS hereby grants to the licensee a non-exclusive, world-wide, royalty-free, designated computer license (installation on one computer; any number of people can use it but not simultaneously) to use Software subject to all the terms and conditions of this Agreement.

3. Scope of the license and Third Party Rights
a. Scope
The use and modification of the Software is allowed for the Licensee. The distribution to Third Parties is prohibited as detailed in section 4c. However, Third Party Software, even if included with the distribution of the METAS UncLib, may be governed by separate license terms (see section 3c). These separate license terms may govern Licensee's use of the Third Party Software.


b. Third Party Patent Right
THE SOFTWARE INCORPORATES TECHNOLOGY THAT IS PATENTED IN NEW ZEALAND (NZ512212) BY A THIRD PARTY (THIRD PARTY PATENT RIGHTS).  LICENSOR EXPLICITLY DOES NOT GRANT A LICENSE TO USE, REPRODUCE OR DISTRIBUTE THE SOFTWARE FOR COMMERCIAL MEANS IN THESE JURISDICTIONS, UNLESS LICENSEE OBTAINS AN APPROPRIATE LICENSE TO THE THIRD PARTY PATENT RIGHTS FROM THE PATENT HOLDER. 
If the Licensee wishes to use, reproduce or distribute the Software for commercial means in the jurisdictions where the patents apply, a commercial license to do so may be obtained from:
Intellectual Property Manager, Industrial Research Limited, PO Box 31-310, Lower Hutt 5040, New Zealand.

c. Third Party Software
The Software incorporates the software library ALGLIB (Copyright © Bochkanov Sergey Anatolievich) (http://www.alglib.net). ALGLIB is licensed under ALGLIB LICENSE AGREEMENT a copy of which is included with this Software.

The Software incorporates the software library Intel® Math Kernel Library (Intel® MKL – Copyright © Intel Corporation. All rights reserved) (https://software.intel.com/en-us/intel-mkl). Intel® MKL is licensed under Intel Simplified Software License (Version February 2020) a copy of which is included with this Software.

4. Obligations of the Licensee
a. Copyright notice
Software, modified or not, must conspicuously and appropriately quote the following copyright notices: 

Copyright by METAS

b. Modification
Modification, date and author of any change have to be specified appropriately.

c. Distribution 
Any distribution or assignment to third party, even within a company, team or group, of the Software, whether modified, incorporated into a software package, incorporated into any kind of device or machine, reproduced or left in its original form, is prohibited. Each copy of the Software needs to be obtained directly from the Licensor by registering a named user for it.

5. Intellectual property and other rights
Ownership and intellectual property rights in and to the Software remain with Licensor, except for the Third Party Rights. Licensor shall remain free to distribute the Software or modified versions of it under other terms and conditions as those set forth in this Agreement, provided the rights granted herein to the Licensee are not affected.

6. Maintenance, support, upgrades or new releases
Licensor does not have any obligation of maintenance, support, upgrades or new releases and disclaims all costs associated with serving, repair or correction.

7. WARRANTY
THE SOFTWARE IS PROVIDED “AS IS”. LICENSOR DOES NOT MAKE ANY WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION:
I.	WARRANTY OF MERCHANTIBILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE;
II.	WARRANTY OF ACCURACY OF RESULTS, OF THE QUALITY AND PERFORMANCE OF THE SOFTWARE;
III.	WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.  IN PARTICULAR, THE LICENSEE IS MADE AWARE OF AND REQUIRED TO RESPECT THE THIRD PARTY RIGHTS MENTIONED IN SECTION 3.

8. LIABILITY
LICENSOR DISCLAIMS ALL LIABILITIES. LICENSOR SHALL NOT HAVE ANY LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGE RESULTING FROM THE USE AND/OR DISTRIBUTION OF THE SOFTWARE EXCEPT FOR THE PROVISIONS OF THE APPLICABLE LAW (ARTICLE 100 OR [SCHWEIZERISCHES OBLIGATIONENRECHT]).

9. Termination
This Agreement shall automatically terminate upon failure by Licensee to comply with any of its terms.

10. Salvatoric Clause
Should any provision of this Agreement be invalid or unenforceable or should the Agreement contain an omission, the remaining provisions shall remain valid. In the place of an invalid provision, a valid provision is presumed to be agreed upon by the Parties which comes closest to the one actually agreed upon; the same shall apply in case of an omission.

11. Applicable law
This Agreement as well as any and all matters arising from it shall exclusively be governed by and interpreted in accordance with the laws of Switzerland, excluding its principles of conflict of laws.

12. Jurisdiction
If any dispute, controversy or difference arises between the Parties in connection with this Agreement, the parties shall first attempt to settle it amicably.
Should settlement not be achieved, the Courts of Bern/Switzerland shall have exclusive jurisdiction.








METAS UncLib EULA, version march 2023

