End User License Agreement

THIS EULA AGREEMENT IS A BINDING AGREEMENT, ENTERED INTO BY AND BETWEEN TEKBH, REGISTERED ADDRESS RUE OMAR KADDEH IMMEUBLE LE MONTPLAISIR 2EME ETAGE B25 AVENUE KHEIREDDINE PACHA 1073 MONTPLAISIR TUNISIE, ("TEKBH") AND YOU, AND IS MADE EFFECTIVE AS OF THE DATE YOU DOWNLOAD, INSTALL OR USE THE APPLICATION NAVITRUCK ("APPLICATION") OR FROM THE DATE OF YOUR ELECTRONIC ACCEPTANCE.

THIS EULA AGREEMENT SETS FORTH THE GENERAL TERMS AND CONDITIONS OF YOUR USE OF THE APPLICATION, PROVIDES A LICENSE TO USE TEKBH APPLICATION AND CONTAINS LIABILITY DISCLAIMERS. THIS EULA AGREEMENT'S TERMS ALSO APPLY TO ANY APPLICATION UPDATE, UPGRADE, INTERNET-BASED SERVICE, AND SUPPORT SERVICE FOR THE APPLICATION.

OUR APPLICATION IS AVAILABLE ONLY TO USERS WHO CAN FORM LEGALLY BINDING CONTRACTS UNDER THE APPLICABLE LAW. BY DOWNLOADING OR USING THIS APPLICATION, YOU REPRESENT AND WARRANT THAT YOU ARE (I) AT LEAST EIGHTEEN (18) YEARS OF AGE, (II) OTHERWISE RECOGNIZED AS BEING ABLE TO FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW, AND (III) ARE NOT A PERSON BARRED FROM PURCHASING OR USING THE APPLICATION UNDER THE LAWS OF THE TUNISIA OR OTHER APPLICABLE JURISDICTION.

IF YOU ARE ENTERING INTO THIS EULA AGREEMENT ON BEHALF OF A COMPANY OR ANY CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH CORPORATE ENTITY TO THE TERMS AND CONDITIONS CONTAINED IN THIS EULA AGREEMENT, IN WHICH CASE THE TERMS "YOU", "YOUR", OR "USER" SHALL REFER TO SUCH CORPORATE ENTITY.

SUBJECT TO THE TERMS OF THIS EULA AGREEMENT THE LICENSOR HEREBY GRANTS YOU A PERSONAL, REVOCABLE, WORLDWIDE, NON-EXCLUSIVE, NON-SUBLICENSABLE, AND NON-TRANSFERABLE LICENSE TO USE THE THE LICENSOR APPLICATION ON YOUR OWN, NON-COMMERCIAL USE DEVICES IN ACCORDANCE WITH THE TERMS OF THIS EULA AGREEMENT.

THE APPLICATION IS BEING LICENSED TO YOU AND YOU HEREBY ACKNOWLEDGE THAT NO TITLE OR OWNERSHIP OF THE APPLICATION IS BEING TRANSFERRED OR ASSIGNED TO YOU AND THIS EULA AGREEMENT IS NOT TO BE CONSTRUED AS A SALE OF ANY RIGHTS OF THE APPLICATION.

YOU ARE PERMITTED TO LOAD THE THE LICENSOR APPLICATION (FOR EXAMPLE ON A MOBILE, TABLET OR LAPTOP) UNDER YOUR CONTROL. YOU ARE RESPONSIBLE FOR ENSURING YOUR DEVICE MEETS THE MINIMUM REQUIREMENTS OF THE THE LICENSOR APPLICATION.

WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN CONSENT OF THE LICENSOR, YOU MAY NOT ASSIGN YOUR RIGHTS AND OBLIGATIONS UNDER THIS EULA AGREEMENT, OR REDISTRIBUTE, ENCUMBER, SELL, RENT, LEASE, SUBLICENSE OR IN OTHER WAY TRANSFER YOUR RIGHTS TO THE APPLICATION.

YOU ARE NOT PERMITTED TO:

• EDIT, MODIFY, ALTER, ADAPT, OR OTHERWISE CHANGE THE WHOLE OR ANY PART OF THE LICENSOR APPLICATION NOR PERMIT THE WHOLE OR ANY PART OF THE APPLICATION TO BE COMBINED WITH OR BECOME INCORPORATED IN ANY OTHER APPLICATION
• COPY, REPRODUCE, DUPLICATE, RESELL OR DISTRIBUTE IN ANY MEDIUM ANY PART OF THE APPLICATION, EXCEPT WHERE EXPRESSLY AUTHORIZED BY THE LICENSOR
• REMOVE OR ALTER THE LICENSOR TRADEMARKS OR LOGOS OR LEGAL NOTICES INCLUDED IN THE APPLICATION OR RELATED ASSETS
• REMOVE, DISABLE, CIRCUMVENT, OR OTHERWISE CREATE OR IMPLEMENT ANY WORKAROUND TO ANY COPY PROTECTION, RIGHTS MANAGEMENT, OR SECURITY FEATURES IN OR PROTECTING THE APPLICATION
• USE THE SERVICE TO TRY TO GAIN UNAUTHORIZED ACCESS TO ANY SERVICE, DATA, ACCOUNT OR NETWORK BY ANY MEANS
• USE THE APPLICATION IN ANY WAY WHICH BREACHES ANY APPLICABLE LOCAL, NATIONAL OR INTERNATIONAL LAW
• USE THE APPLICATION FOR ANY PURPOSE THAT THE LICENSOR CONSIDERS IS A BREACH OF THIS EULA AGREEMENT

NO PART OF THIS EULA AGREEMENT IS OR SHOULD BE INTERPRETED AS A TRANSFER OF INTELLECTUAL PROPERTY RIGHTS. THE LICENSOR SHALL RETAIN OWNERSHIP OF THE APPLICATION AS ORIGINALLY DOWNLOADED BY YOU AND ALL SUBSEQUENT DOWNLOADS OF THE APPLICATION BY YOU.

THE APPLICATION (AND THE COPYRIGHT, AND OTHER INTELLECTUAL PROPERTY RIGHTS OF WHATEVER NATURE IN THE APPLICATION, INCLUDING ANY MODIFICATIONS MADE THERETO) ARE AND SHALL REMAIN THE PROPERTY OF THE LICENSOR.

THE LICENSOR CONTENT IS PROVIDED TO YOU "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" FOR YOUR INFORMATION AND PERSONAL, NON-COMMERCIAL USE ONLY AND MAY NOT BE DOWNLOADED, COPIED, REPRODUCED, DISTRIBUTED, TRANSMITTED, BROADCAST, DISPLAYED, SOLD, LICENSED, OR OTHERWISE EXPLOITED FOR ANY PURPOSES WHATSOEVER WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF THE LICENSOR.

THE LICENSOR MAY FROM TIME TO TIME IN ITS SOLE DISCRETION DEVELOP AND PROVIDE APPLICATION UPDATES, WHICH MAY INCLUDE UPGRADES, BUG FIXES, PATCHES, OTHER ERROR CORRECTIONS, AND/OR NEW FEATURES (COLLECTIVELY, INCLUDING RELATED DOCUMENTATION, "UPDATES").

UPDATES MAY ALSO MODIFY OR DELETE IN THEIR ENTIRETY CERTAIN FEATURES AND FUNCTIONALITY. YOU AGREE THAT THE LICENSOR HAS NO OBLIGATION TO PROVIDE ANY UPDATES OR TO CONTINUE TO PROVIDE OR ENABLE ANY PARTICULAR FEATURES OR FUNCTIONALITY.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER.

THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE APPLICATION, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE APPLICATION. YOU AGREE THAT THE PROVISIONS IN THIS EULA AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS EULA AGREEMENT.

YOU AGREE TO PROTECT, DEFEND, INDEMNIFY AND HOLD HARMLESS THE LICENSOR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, COSTS, EXPENSES, LOSSES, LIABILITIES, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) IMPOSED UPON OR INCURRED BY THE LICENSOR DIRECTLY OR INDIRECTLY ARISING FROM:

• YOUR USE OF THE APPLICATION
• YOUR VIOLATION OF ANY PROVISION OF THIS AGREEMENT
• YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS

THE INDEMNIFICATION OBLIGATIONS UNDER THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF APPLICATION.

THIS EULA AGREEMENT IS EFFECTIVE FROM THE DATE YOU FIRST DOWNLOAD, INSTALL OR USE THE APPLICATION AND SHALL CONTINUE UNTIL TERMINATED. YOU MAY TERMINATE THIS AGREEMENT BY DELETING THE APPLICATION AND ALL COPIES THEREOF FROM YOUR MOBILE DEVICE.

THIS EULA AGREEMENT WILL ALSO BE TERMINATED IMMEDIATELY IF YOU FAIL TO COMPLY WITH ANY TERM OF THIS EULA AGREEMENT. UPON SUCH TERMINATION, THE LICENSES GRANTED BY THIS EULA AGREEMENT WILL IMMEDIATELY TERMINATE AND YOU AGREE TO STOP ALL ACCESS AND USE OF THE APPLICATION.

THE LICENSOR RESERVES THE RIGHT TO CEASE OFFERING OR PROVIDING THE APPLICATION AT ANY TIME, FOR ANY OR NO REASON, AND WITHOUT PRIOR NOTICE. ALTHOUGH THE LICENSOR MAKES A GREAT EFFORT TO MAXIMIZE THE LIFESPAN OF THE APPLICATION, IT MIGHT BE THAT THE APPLICATION WE OFFER WILL BE DISCONTINUED.

THIS EULA AGREEMENT AND ANY DISPUTE OR CLAIM ARISING OUT OF OR IN CONNECTION WITH IT OR ITS SUBJECT MATTER OR FORMATION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF TUNISIA, TO THE EXCLUSION OF CONFLICT OF LAW RULES.

IF YOU HAVE ANY QUESTIONS ABOUT THIS EULA AGREEMENT, PLEASE CONTACT US: