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GENERAL TERMS AND CONDITIONS FOR THE USE OF THE EXTRANET
 
Clause 1- Object of the Contract and area of performance
1) The Robert Limited Bosch (doravante called BOSCH) offers, of gratuitous form, to its customers the access and use of a vestibule (doravante called EXTRANET), through the InterNet.
2) With this, it is possible to the Deliverers (doravante called CUSTOMERS) the use of diverse services offered for the BOSCH, as, for example, to emit asked for of purchases, to have access promocional material etc... the present term is integrally applicable to all the users of the EXTRANET
3) Without damage to the made use one in clausula 12, the version of the present term will be valid to the time of the use of the available services in the EXTRANET.
 
Clause 2 – Definitions
1) The companies registered for the BOSCH for the use of the EXTRANET are called CUSTOMERS, as item 2 of Clause 1..
2) The employees of the BOSCH assigned for the execution of the services below indicated are called ADMINISTRATORS:
- register of the CUSTOMERS,
- storage of USER names (by means of authorization of the CUSTOMER),
- exclusion of user, when necessary, allocation to the users of the necessary mechanisms for use of the some services for which these have received authorization from the CUSTOMER,
- cancellation and alteration of the mechanisms related in the item above, when necessary.
3) The employees of the CUSTOMERS who to receive from this authorization necessary to operate in the EXTRANET are called USING. All the USERS will be considered authorized by the CUSTOMERS. All and any alteration involving the rights of the USERS will have to be taken by the ADMINISTRATORS. Physical people could only be indicated as USING. They must have autonomy the sufficient to give and to supply to information in the name and for account and risk of the CUSTOMERS.
4) The combination of the number of the USER, name of USER and other identifications which the participants use to have access the areas of the EXTRANET for which it has permission is called ACCESS INFORMATION.
5) One calls REGISTER INFORMATION those necessary ones for I register in cadastre it of the CUSTOMER in the EXTRANET.
6) CUSTOMERS and USERS jointly are called PARTICIPANTS.
 
Clause 3 - General rules for use of the EXTRANET
1) The CUSTOMERS use the available services in the EXTRANET to enter in contact with the BOSCH, placing asked for by means of a declaration of electronic will, through the EXTRANET.
2) The schedule to be considered for all and any effect having involved deriving questions of transactions effected in the EXTRANET are the schedule of Brasilia.
3) The Parts agree that the EXTRANET will be able will not be available during the week ends, holidays and during the nocturnal period, being that, in these cases, it will not fit to the CUSTOMERS right to the indemnity of any nature.
 
Clause 4 – Register
1) The CUSTOMERS must be duly registered for the ADMINISTRATORS so that they can use the EXTRANET. When of the register, the REGISTER INFORMATION will be harvested, or if already harvested, they will be confirmed.
2) The CUSTOMERS will have to assure that the REGISTER INFORMATION always will be brought up to date, correct and complete. The BOSCH will have to be informed of alterations of the INFORMATION OF REGISTER immediately after known the circumstances that become necessary such alterations.
3) The CUSTOMERS commit to instruct it all the authorized employees (USING) to observe the gifts terms and conditions. The CUSTOMER will have to select employees razoavelmente qualified to use the EXTRANET, in way that the disponibilizadas operations to the CUSTOMER can be executed normally.
4) The BOSCH is authorized, but not obliged, to check the INFORMATION OF REGISTER of the CUSTOMERS through the collection of information of the proper CUSTOMER or of third.
5) The BOSCH is still authorized if to refuse to register CUSTOMERS, by means of proper criteria of justification, specifically in the cases of supply of incorrect or failed to meet information, or when the CUSTOMERS not to possess the credibility that if it desires. In case that doubts how much to the credibility appear of the CUSTOMER or on its financial condition, the BOSCH is, since, soon authorized demanding advance payments or common guarantees.
6) The PARTICIPANT must have total capacity to make use all of the necessary equipment, transmission of information saw system, services of telecommunication and all the too much equipment required for the use of the EXTRANET. This if applies, also, for the acquisition of browser and the use of codification procedures, as well as for the attendance to the national norms of regulation for such equipment. The PARTICIPANT will have to arcar with all the expenditures incurred for in such a way.
7) The register will be considered accomplished and the present term will start to invigorate at the moment where the BOSCH to activate the services to the CUSTOMERS.
8)All the messages of the BOSCH for the CUSTOMERS will have to be sent by post office or for an account of known email, or still for the account of email of the person of contact nominated for the CUSTOMER for the specific intention.
 
Clause 5 - Protection of the information
1) For the present instrument the BOSCH is obliged to treat all the INFORMATION as confidential, unless the CUSTOMER has express authorized the spreading third.
2) When supplying INFORMATION to the ADMINISTRATOR, or using the EXTRANET the CUSTOMERS assent that these information are processed and salutes to take care of to the intentions of this contract, as well as that the purposes determined in these Terms and Conditions are used for all.
3) Tthe BOSCH is since already authorized using the INFORMATION, of anonymous form, for statistical intentions.
4) The BOSCH will have to collect, to save and to process the concernentes INFORMATION to the present instrument during the period of existence of the relation however established and to continue to make it until all the obligations and rights have been integrally fulfilled.
5) INFORMATION concerning transactions will have to be harvested, processed salutes and for the specific end of checagem and guarantee of the security system and integrity. These INFORMATION will only be divulged third, for diverse ends of those however established, when it will have legal determination, or permission for social contract.
 
Clause 6 - System of Security.
1) The INFORMATION will not have, in hypothesis none, to be launched in the EXTRANET if they will be able to contain virus, codes of executable programs, and/or probability will be had to cause damage, in addition secrecy, interception, guiding third, or possibility to cause loss of archives and programs.
2) The ACCESS INFORMATION are trusted the USER whose name has been registered in the system the order of the CUSTOMER. Each CUSTOMER must guarantee that the ACCESS INFORMATION are protected against accesses disauthorized for THIRD, as well as against the use disauthorized for its other employees. The BOSCH will not be made responsible by the incorrect use of the ACCESS INFORMATION or actions taken for people without the necessary authorization. All the access effected by the CUSTOMER will be endowed with swaggerer with whom such tasks had been executed by the USER duly registered.
3) The PARTICIPANT will have to inform the BOSCH immediately case the PARTICIPANT takes knowledge that:
- the security of the information of access to the EXTRANET has been violated, or harmed
- its INFORMATION of access have been stolen, or if have become of knowledge of disauthorized person, or are being used for third disauthorized;
- the PARTICIPANT has reasons enough to believe that some of these hypotheses has occurred.
4) The PARTICIPANT will not have the right to use or to test mechanisms,softwares, or other elements that can intervene with the functioning of the EXTRANET or the offered services. The PARTICIPANT is forbidden to practise any acts that can cause damage of excess to the infrastructure, duly warned application of the sanctions foreseen in the present instrument and the legislation in vigor.
 
Clause 7 - Services given for the Bosch
1) The BOSCH will have to supply, through the EXTRANET, the services objects of the present contract.
2) Tthe BOSCH will have to envidar its better efforts to offer to the CUSTOMERS the maximum of possible services, primando for the quality in the execution of each one of them. However, he is since already waked up that in case that the equipment has that to receive maintenance or update, the services objects of the present instrument could be suspended or wronged. The BOSCH will have, inside of the possibility presented for the circumstances, to inform to the CUSTOMER on the phases of maintenance and update with reasonable antecedence. Decurrent claims of the non-availability of the services of the EXTRANET will not be received, except if the BOSCH will be considered responsible by such non-availability, in accordance with Clause 8.
3) The BOSCH will have to be exempted to fulfill with the foreseen services however will be impossible or not reasonable that if that waits it it makes due the unsurmountable obstacles, or other cases of bigger force that will be are of its control. This also applies if such cases if to give due the third also involved ones in the provision of services to the EXTRANET, especially if these third will be supplying companies of telecommunication services, or central offices of operation of computers. In case that the related imperfections if to give for recklessness of the proper BOSCH, this will make responsible, as specified in Clause 8.
 
Clause 8 - Responsibility
1)With relation to the provision of the EXTRANET, the BOSCH will only be considered responsible by the actual damages in case that it has instant recklessness of its part.
2)Due to peculiar nature of the InterNet as a public net of information, created through linkings of some sub-nets of different suppliers - considering itself that all these sub-nets have infrastructure different technique as well as different services of telecommunication - the BOSCH does not assume any responsibility for any transactions and imperfections that will outside occur of its organizacionais domínios and technician. The CUSTOMER is cliente that the necessary services of InterNet for the communication with the BOSCH are are of the control and responsibility of the BOSCH. When the InterNet will be used with the communication intention, the information for it transmitted will be able to remain incomplete, its integrity and confidencialidade could be violated, the system can come to fail or can become impossible to establish connections.
3) The BOSCH will not be responsible for actual damages for the cancellation or blockade of accesses of PARTICIPANTS the EXTRANET, or for imperfections in these cancellations or blockades, except for the cases foreseen in Clause 1.
4) If hyperlinks will be disponibilizados in the EXTRANET, for contact between this and sites in the InterNet or other sources of information of third, the BOSCH will not assume no responsibility how much to the evaluation and content of these sites.
 
Clause 9 - Exemption of Responsibility
The CUSTOMER will isentará the BOSCH of responsibility how much the claims and litigations, including expenditures incurred with judicial measures, referring the breakings of its contractual obligations, especially how much to the obligations and conditions gifts in this term, for which the CUSTOMER is responsible.
 
Clause 10 - Copyrights and restrictions to the use
1) When supplying information, the CUSTOMER will have to grant to the BOSCH the not exclusive right to use them for all the intentions specified and allowed in contract, without limitation how much to the time or place. This right will cease at the moment where the contractual relation between the parts if to lock up. The CUSTOMER grants since already to the BOSCH the right to reproduce, to translate and to repass such information third, for the determined ends however.
2) To the CUSTOMER the right will be granted not exclusive and not transferível to have access and to use the information supplied for the BOSCH in the EXTRANET. The CUSTOMER will have to only use itself of these information for commercial uses, in accordance with the restrictions specified in these terms and conditions. All and any another use is express forbidden.
3) Without that he has previous approval and for writing of the BOSCH,the CUSTOMER will not be able to modify, to publish, to keep obtains, to reproduce, to distribute or to display the services of the EXTRANET or the supplied information, nor to disponibilizar them it third, to be part in venda of such information, to produce materials nelas established, in all or part, the cases not foreseen in these terms and conditions. The CUSTOMER will not be able to modify or to remove the marks of indication of copyrights or other marks of property right. The prohibition of publication, reproduction and distribution is not applied to the archives that can be lowered for use of the CUSTOMER, remaining this, however, forbidden to modify of any form the content of these archives.
4) Names of domínios, logotipos, registered marks and corporate names are protected by law being of exclusive title of the BOSCH.
5)The BOSCH will be with all the rights of property and licenses related to the nature of the services of the site of the EXTRANET, especially those related the texts, design graphical, graphical animações,software and to the other related applications of multimedia. These rights are not restricted to the services and in agreement site they meet at the moment, but also they cover the improvements and changes implanted future.
 
Clause 11 - Contracts on goods and services
These terms and conditions if apply exclusively to the use of the EXTRANET. The order carried through through the EXTRANET and closed contracts on merchandises and services is carried through in accordance with existing contracts already between the BOSCH and the CUSTOMER.
 
Clause 12 - Alterations to the terms and conditions or of the target of the performance
1) Stay authorized to the BOSCH the right to modify these terms and conditions, the services of EXTRANET, the steps required for such services, the viability of the services, database as well as its content.
2) the alterations will have to be divulged in the EXTRANET.
3) The CUSTOMER will be able to veto the alterations that not to satisfy the criteria specified in Clause 1, in the stated period of four weeks after the announcement of such alterations. In case that the CUSTOMER if inside does not reveal the opposite to the alterations of four weeks, these will be placed in practical. In case that the CUSTOMER inside vetoes the alterations of the stipulated period, the contract of the user will be rescinded, observing the fulfilment of the period of advance warning of three months.
 
Clause 13 - Of the suspension of the right of the user, in the cases of bad use.
1) the BOSCH if reserves the right temporarily to hinder the use them services of EXTRANET for PARTICIPANTS who, despite the notifications in contrary direction, violate the gifts terms and conditions, or other contractual stipulations.
2) When the breaking to cease, the right of use of the EXTRANET can be restored the user.
 
Clause 14 - Duration of the contract, ending, suspension in the hypothesis of breaking to the terms and conditions.
1) the contract of the user will initiate when the BOSCH to activate the access to the EXTRANET, and will remain in vigor for indeterminate time.
2) Any one of the parts can denounce the contract to any time, being enough, for in such a way, that it notifies to another part with antecedence of 30 days of its intention to lock up the relations in vigor.
3) The BOSCH can, to any time, without prior notice, to rescind the contract of any CUSTOMER when it will have breaking of any one of the disposals contained here, or when this to make harm use of the services of the EXTRANET, to violate the gifts repetidamente terms and conditions, or to launch incorrect and enganosas information. The present term could be rescinded still by operation of law when measures judicial against the goods of insolvent CUSTOMERS will be taken or will be imminent, or in case that it has significant decrease in the financial health of the CUSTOMER that the BOSCH takes to fear that this does not obtain to fulfill with its obligations, either temporary or permanently.
4) The CUSTOMER will be able to lock up the contract for infraction of any of the disposals contained here, without prior notice, in bonanza circumstances.
5) All notification of closing will have to be made by writing. The made notifications of closing through email will not be accepted.
 
Clause 15 - Final disposals
1) This contract is subject exclusively to the laws of the Federative Republic of Brazil.
2) The version in Portuguese of the present contract will have to prevail to nullify any related questions its interpretation. The translations for other languages are only made the information heading, and they cannot serve as interpretation source.
3) Stay the forum of the Judicial district of Campinas, State of São Paulo, to nullify any deriving doubts of the present contract, with resignation to any another one, for more privileged than either.
The BOSCH will not take in consideration any general terms and conditions, terms of purchase, terms of delivery or other types of terms that to conflict or to differ express from the present contract, not to be that the concordant BOSCH and for writing with such.