European Commission Joint Research Centre

End User License Agreement (EULA) 

EMM OSINT Suite 

By using the software the end user of the software accepts 
to be bound by the following terms & conditions: 

The European Union "the EU" is the owner of the copyright and other intellectual and industrial 
property rights, trade secrets, and know-how related to the Software over which is has the power of 
disposal regardless geographical or other limitations. The Joint Research Centre of the European 
Commission has developed an automatic informatics tool, Open Source Intelligence Suite called 
EMM OSINT Suite (hereinafter referred to as "the Software") for finding, acquiring and analysis of 
data from open sources available on the Internet (World Wide Web). 

The Licensee as an end user undertakes to use the computer programme only for its own internal & 
non-commercial purposes. 

1. DEFINITIONS 

"Computer" shall mean an electronic device that accepts information in digital or similar form and 
manipulates it for specific results based on a sequence of instructions. 

Effective Date means the date of signature by the Licensee. 

"Know-how" means all the technical information, knowledge and expertise which the EU owns and 
administers on the Effective Date of this agreement that have been transmitted to Licensee in any 
format and by any means. 

"Licence" means the rights of using the Software granted by the EU to the Licensee in accordance 
with the present agreement. 

"Software" means any series of instructions constituting a computer-executable program or 
programs as well as any modification or updated versions of the computer software. The Software 
means also all of the contents of the files (provided either by electronic download, on physical media 
or any other method of distribution), disk(s), CD-ROM(s) or other media being object of this 
agreement. 

"Software Package" means the Software and any support materials licensed by the EU and any 
developments on it done by the EU, including but not limited to manuals, flow charts and 
specifications relating to the Software as well, as described in Annex 1 

"Trade secrets" means all confidential and sensitive information of the EU transmitted to Licensee in 
any format and by any means in the course of this agreement. 

"Use" or "Used" in connection with the Software, as defined below, means storing any portion of the 
Software in a machine, and/or transmitting any portion of the Software to a machine for processing 
and/or compiling, executing or interpreting any machine instructions contained in the Software, 
and/or displaying any portion of the Software in connection with the processing of such machine 
instructions. 

2. SUBJECT OF THE AGREEMENT 

The EU grants the Licensee a personal, non-exclusive and royalty-free volume license to Use the 
Software and Software Package. The Software may include one or more libraries, files or other items, 
for which the EU grants the Licensee a right of use, on the basis of the licenses given by its editors or 
suppliers. 

The Licensee may install and Use the Software within the computer environment of the Licensee, 
including internal network deployments and/or several separate standalone deployments. 

The Licensee may make copies of the Software, solely in machine readable form for back-up and 
archival purpose, provided that Licensee reproduces on this copy all the proprietary notices which 
appear on or in the Software and that the backup copy is not installed or used on any Computer 
outside the computer environment of the Licensee. This copy must be kept in Licensee's control and 
possession. Licensee shall use its best efforts to ensure that the Software does not fall into the hands 
of third parties whether as a result of theft or otherwise. 

The Licensee may not rent, lease, sublicense, assign, transfer or grant any kind of rights regarding the 
Software and Software Package or any portions thereof in any form to any third party. 

The Licensee may not modify, translate, reverse engineer, decompile, dissemble, create derivative 
works based on, or copy the Software or any part of the Software, except otherwise allowed by law. 

The Licensee may not remove or alter any Software identification, proprietary notices, labels or 
trademarks which appear on or in the Software and Software Package. 

The Licensee may not Use the back-up and archival copy (or allow anyone else to Use such copy) for 
any purpose other than to replace the original copy in the event it is destroyed or becomes defective. 

The EU shall have no obligation for installation, support and maintenance of the Software. 

3. OWNERSHIP AND LICENCE 

The Software and Software Package is not sold to Licensee who shall not acquire any right, title or 
interest (including without limitation copyright or other right in the nature of copyright or any other 
intellectual property right whatsoever) in the Software and Software Package, which shall remain the 
sole property of the EU. 

Any copy or partial copy of the Software and Software Package shall be owned by the EU subject to 
the license rights granted to Licensee and shall be considered as being regulated by this agreement. 

Licensee's rights to use the Software and Software Package are specified in this agreement, and the 
EU retains all rights not expressly granted to Licensee in this agreement. No right or license under 
any patent application, issued patent, know-how or other proprietary information is granted or shall 
be granted by implication. 

The Software and Software Package is intellectual property of the EU protected as such by national 
copyright laws, international treaty provisions, and applicable laws of the country in which it is being 
used. Trademarks, logos and trade names quoted on or in the Software and Software Package are 
the properties of their respective owners. 

The structure, the organization, the performances of the Software and any information clearly 
identified as confidential by the EU, are valuable trade secrets and confidential information of the 
EU. The Licensee agrees to hold these trade secrets and the information in confidence. 

4. DURATION AND TERMINATION 

This license is effective from the date the Licensee receives the Software. Each Party may terminate 
this agreement at anytime without cause upon serving 6 months' written notice. 

The Agreement and the license granted hereunder shall automatically terminate with an immediate 
effect at the EU sole discretion if the Licensee is in breach of this Agreement. This termination shall 
not prevent the EU from claiming any further damages. Upon termination for any reason, the 
Licensee shall destroy or return the Software and Software Package to the EU and any copy made 
partial or whole in its possession. Upon termination for any reason, the Licensee shall certify by 
means of a written document duly signed by a legal representative that the provisions of the 
present Article have been respected, and this within a time limit of eight (8) calendar days as from 
the date of termination. 

This termination shall not relieve the Licensee from its liability to respect all the obligations 
claimable before the termination date. In particular the provisions of the obligations relating to the 
confidentiality of information, know-how and trade secrets regarding the Software and Software 
Package, the disclaimer of guarantees and warranties and the indemnification and limitations of 
liabilities shall survive the termination of this agreement, howsoever caused, but this shall not imply 
or create any continued right to Use the Software and Software Package after termination of this 
agreement. 


6. INTELLECTUAL PROPERTY RIGHTS 

The name, the copyright and the intellectual and industrial property rights related to the Software 
and Software Package are the exclusive property of the EU. The Licensee shall not at any time and 
under any circumstances use the name and the copyright without prior written permission of the EU. 
The Licensee undertakes not to file trademark applications in view of protecting the denomination of 
the software on their own name. 

Third-party proprietary software necessary for the functioning of the Software is distributed in 
bundle with the Software. Such distribution is strictly subject to the terms and conditions set forth in 
the respective proprietary licences to which the Licensee accepts to be bound. 

Should any third party infringe the copyright of the EU or any intellectual or industrial property rights 
related to the Software and Software Package, the Licensee shall immediately notify to the EU any 
such infringements and the EU may prosecute by law the infringer or infringers. 

7. INDEMNIFICATION 

The Licensee shall defend at its own expenses any claim, suit or proceeding brought against the 
Licensee, insofar as it arises from the Licensees Use of the Software, and shall indemnify and hold 
the EU harmless for all claims, damages, costs and expenses awarded to the Licensee or third parties 
against the EU arising from any such claim, suit or proceeding. 

8. GUARANTEES, WARRANTY AND LIMITATIONS OF LIABILITIES 

The Software is provided "as is" without warranty of any kind, either express or implied, including, 
but not limited to, any implied warranty against infringement of third parties' property rights, of 
merchantability and fitness for a particular purpose. 
Unless otherwise expressly agreed upon between the Parties, the EU provides no technical support, 
warranties or remedies for the Software. 

The entire risk as to the Use, quality, and performance of the Software is with the Licensee. Should 
the Software prove defective, the Licensee, and not the EU, assumes the entire cost of any 
necessary repair. The EU will not be liable for any incidental, consequential, direct or indirect 
damages including but not limited to the loss of data, lost of profits, or any other financial loss 
arising from the Use of, or inability to Use, even if the EU has been notified of the possibility of such 
damages. 

9. CONFIDENTIALITY OBLIGATION 

Subject to the secrecy obligation are all materials, drawings, data, articles, items, or others, which 
the EU has provided to the Licensee and which have been marked as confidential. Verbal 
explanations regarding the use of the Software also fall under this obligation. 

The Licensee is obliged to keep and mark the confidential material and may not pass these on to 
third parties. 

The Licensee guarantees that all its employees, consultants and contractors are bound by a 
confidentiality agreement covering the above secrecy obligation of the Licensee. 

After termination of the present agreement all items submitted hereunder will be returned to the 
EU and the Licensee agrees to continue to keep the information contained therein confidential. This 
obligation continues for as long as the technical information, Trade Secrets and Know-How 
conveyed hereunder have not become accessible to the public. 

With respect to the scope of the secrecy obligation the Licensee bears the burden of proof that 
technical information, Trade Secrets and Know-How received under this agreement have become 
accessible to the public. 

The Licensee agrees to keep confidential all disclosed confidential information and to provide the 
necessary means to prevent unauthorized disclosure of the materials. 

The Licensee shall allow access to the confidential information only for those employees who are 
obliged to secrecy under employment agreements. 

In the case of a violation of the confidentiality obligations of this agreement, the Licensee has the 
burden of proof that specific information has been known to the public on the agreement date or 
that such information has been disclosed later with no fault on his part. 

The EU agrees to keep confidential all disclosed confidential information of the Licensee and to 
provide the necessary means to prevent unauthorized disclosure of the confidential information. 

10. APPLICABLE LAW AND LEGAL VENUE 

This Agreement shall be governed by the law of the European Union complemented, where 
necessary, by the substantive law of Belgium. 

In case of any dispute or difference between the Parties arising out of or in connection with this 
Agreement, the Parties shall settle it by mutual agreement. Such effort shall be deemed to have 
failed when one of the Parties so notifies the other in writing. In that case, each party may initiate 
proceedings before the General Court of the European Union in Luxembourg. 


11. MISCELLANEOUS PROVISIONS 

This is the entire agreement between the EU and the Licensee relating to the contents of the 
Software and supersedes any other communications with respect to the Software. 

No change or modification to this Agreement will be valid unless it is in writing and is signed by a duly 
authorized representative of each Party. 

This Agreement cancels all previous agreements and statements, verbal or written, regarding any 
dealings between the Parties with respect to the subject matter hereof. 

If any provision of this Agreement is held to be unenforceable, the remainder of this agreement shall 
continue in full force and effect. 

The waiver by the EU of one breach or default hereunder shall not constitute the waiver of any 
subsequent breach or default. 

The headings of any given sections of this agreement are solely for convenience or reference, and 
shall not be construed as having any bearing upon the interpretation or meaning of the provisions of 
this agreement. 

