By this License Agreement, the User agrees to the terms of licensed use of the software product series "KPI MONITOR" (the Software), which includes computer programs developed by Consist LLC, published on the website https://turbosolution.ru, by a legal entity or individual possessing a lawfully manufactured and introduced into civil circulation copy of the Software (the "User") and ProfItProject LLC, which is the rights holder of the exclusive rights to the Software (the "Rights Holder"). The Rights Holder's copyright is protected by the legislation of Russia (Part 4 of the Civil Code of the Russian Federation), the provisions of international treaties, and other legislative acts.

The Software shall be understood to include server software recorded on machine-readable media, as well as client software enabling an electronic device (the Device) to use or access the server software, separately provided updates and additions to the software, and any accompanying materials in printed or electronic form. Installation and use of the Software implies full acceptance of all terms of this License Agreement. Use of the Software in violation of (or non-compliance with) any of the terms of this Agreement is prohibited. If you do not agree with any terms of this License Agreement, discontinue further installation and use of the Software. The License Agreement comes into force from the moment of acquisition or installation of the Software and remains in effect throughout the period of the User's use of the Software and/or possession of copies of the Software.

Subject of the License Agreement

The Rights Holder grants the User a non-exclusive, non-transferable right (a simple license) to use the Software worldwide in the manner described below.

Rights and Restrictions

  • The User is entitled to use the Software for its intended functional purpose, including copying and installing (reproducing) the Software for such purposes.
  • The User is entitled to install and use the Software solely in object code form.
  • This License grants the User the right to use (reproduce) the Software as specified in Clause 6 of this License. The number of named users simultaneously reproducing the Software (number of simultaneous connections to the server software copy) must not exceed the quantity specified in Clause 6 of this License for each type of Device. This requirement applies regardless of whether the Software includes protection mechanisms or not.
  • The User is entitled to create custom configurations within the scope permitted by the Software’s documented features and Article 1280 of the Russian Civil Code.
  • The User undertakes not to infringe the Rights Holder’s exclusive rights to the Software. Specifically, except as expressly permitted by this License or Russian law, the User may not modify, decompile, disassemble, decrypt, or perform any other actions with the object code of the Software aimed at obtaining information about the algorithms used in the Software, create derivative works using the Software, distribute the Software or its components, incorporate it into other programs, create copies for purposes other than those defined in this License, or permit any other use of the Software without the Rights Holder’s written consent.
  • The User may not transfer (assign) the rights granted under this License Agreement to another party without the Rights Holder’s written permission.
  • No part of the Software may be used without licensing the entire Software in accordance with the terms of this License Agreement.
  • After the first year of using the Software, the Licensee is advised to purchase Update Rights for the following year to receive Software updates.
  • If Update Rights are not purchased, updates, additional client Licenses, or access to Update Rights cannot be acquired without renewing access to Update Rights.
  • To renew access to Update Rights, a payment must be made to restore access to Update Rights, equivalent to the cost of the missed period of access to Update Rights.

«Not for Sale» version

If the Software is labeled on its packaging, in accompanying documentation, or during execution with phrases such as «Not for resale» («Not for resale», «NFR»), «Trial version» («Trial version») or similar designations, then regardless of other terms of this License Agreement, such Software may only be used for demonstration, evaluation, testing, or assessment of its functionality or suitability. Any other use of the Software, including distribution, sale, or any other form of compensated transfer, is prohibited.

Limited warranty

The Software is provided on an "as is" basis. The Rights Holder provides no warranties, either express or implied, including (but not limited to) implied warranties of merchantability or fitness for a particular purpose, with respect to the Software, as well as accompanying manuals and printed materials. The Rights Holder shall not be liable for any damages (including, without limitation, loss of profits, business interruption, loss of business information, or other financial losses) arising from the use or inability to use the Software. The warranties described above are exclusive and replace all other warranties, whether written or oral, express or implied.

Termination of the License Agreement

Without prejudice to any of its rights, the Rights Holder may terminate this License Agreement if the User fails to comply with its terms and restrictions. Upon termination of this License Agreement, the User must destroy all copies of the Software in their possession and uninstall the Software.