SCOPE OF APPLICATION. These GCP shall apply to all Purchase Orders issued by our Company. The applicability of the general terms and conditions of the Supplier shall be barred, even if an objection is not specifically raised against them.
SCOPE OF APPLICATION. The protections provided in this Agreement shall not apply to those individuals who are nationals of or perma- nently resident in the receiving State.
SCOPE OF APPLICATION. 1.1. These General Terms and Conditions apply to the acquisition of goods and services made by Proadec Brasil Ltda (Proadec) to any entity (Supplier) and regulate the rights and obligations of the parties, prevailing over any non - mandatory uses, commercial practices, or legal provisions. 1.2. Any derogation or modification of the provisions set forth in these General Terms and Conditions shall be defined in a specific contractual document or extra terms and conditions for these General Terms and Conditions, which shall in any case be formalised in writing and signed by the legal representatives of the parties; in the event of there being the specific contractual document or specific terms and conditions, as the case may be, these will prevail over these General Terms and Conditions. 1.3. The documents referred to in 1.2 above shall constitute, together with these General Terms and Conditions, the Contract Documents by which the contractual relationship between Proadec and the Supplier (Agreement) shall be governed. 1.4. Any conditions or specifications that the Supplier may include in the documentation of any nature, in particular in its proposal or in the General Terms and Conditions that it uses in the supply of its goods or services, that are in contradiction with the provisions in the Contract Documents shall be deemed ineffective. 2.
SCOPE OF APPLICATION. 1.1 Considering these instrument is part of an agreement ("Main Agreement") related to the supply of goods or the rendering of services, entered between Supplier and Mercedes-Benz do Brasil or its affiliated companies ("MBBras"). Therefore, considering the Main Agreement mentions a free and open source software (“FOSS”) owed by Supplier, the parties decided to enter into this instrument in order to authorize and rule the use of Supplier’s FOSS in vehicles developed and produced by MBBras. The provisions established herein supersedes the provisions of the Main Agreement to that extent. Any amendment therefrom the instrument herein must be agreed in writing and with express reference to the affected provisions. 1.2 Goods or services provided by the Supplier may only use FOSS with the express prior approval of MBBras. This applies to software which contains goods or services in any form, whether permanently or for a limited period, on storage media or as a part of devices or components for devices, and irrespective of whether the software is transferred as object and/or source code. Such approval shall be obtained in accordance with the procedure described herein. The term FOSS as used in this document encompasses all software that is, in principle, available at no cost and which is subject to a license or other contractual provision ("FOSS License") that, as a requirement for modifying and/or distributing the software and/or any other software associated with or derived from this software ("FOSS Derivative"), and which contains at least one of the following conditions: a) the source code of such software and/or FOSS Derivatives must be made freely available to third parties; and/or b) third parties must be allowed to create products derived from such software and/or FOSS Derivatives; and/or c) third parties must be provided with authorization keys required for the installation of such software; and/or d) certain information or documents, such as license text, must be included in the product documentation and/or other materials provided along with the software. FOSS Licenses include, e.g., the "Berkeley Software Distribution License" (BSD license), the "GNU General Public License" Version 2 (GPL V2) or the "GNU Lesser General Public License" Version 2.1 (LGPL V2.1). 2. Approval of MBBras for Use of FOSS or FOSS Derivatives 2.1 If the Supplier wishes to use FOSS and/or FOSS Derivatives for certain goods or services, he must obtain the prior approval of MBBras....