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END USER LICENSE AGREEMENT
FOR "The" SOFTWARE
Agreement version: 1.0
Effective date: 2026-05-01
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE
SOFTWARE.
By clicking “I Accept”, installing, copying, launching, or otherwise using the
Software, you confirm that you have read, understood, and agree to be bound by
this Agreement. If you do not agree, do not install or use the Software.
This Agreement is entered into between you (“User”) and
Individual Entrepreneur Vitalii Talykh, registered at Georgia, Tbilisi,
Krtsanisi district, Ponichala-3 settlement, Building 5 (“Rights Holder”).
The Rights Holder trades under the name “Talyh Studio”. That name, and the
name “Talyh”, are commercial designations of the same person and do not denote
a separate legal entity. Materials published under the name “Talyh Studio”,
including those on talyh.com, originate from the Rights Holder identified
above.
1. DEFINITIONS
1.1. “Software” means the executable version of “The”, the resources
supplied with it, embedded documentation, patches, and updates provided by the
Rights Holder. The term does not include Plugins or Third-Party Components when
separate terms apply to them.
1.2. “Plugin” means a software module intended to interact with the Software
through the published plugin interface (API/ABI).
1.3. “Official Plugin” means a Plugin distributed by or on behalf of the Rights
Holder.
1.4. “Third-Party Plugin” means a Plugin distributed by a third party.
1.5. “Paid Component” means an Official Plugin, feature, service, or other
digital component for which a right of use is provided for payment under
separately stated terms.
1.6. “Official Distribution Channel” means the Rights Holder's website,
official store, repository, or another channel expressly identified by the
Rights Holder as official.
2. LICENSE GRANT
2.1. Subject to compliance with this Agreement, the Rights Holder grants you a
limited, non-exclusive, non-transferable, and non-sublicensable license to:
(a) install and use the Software in object-code form on devices that you own or
lawfully control;
(b) use the Software for personal, educational, professional, and commercial
purposes, provided that you do not provide the Software itself to third
parties as a standalone product or hosted service; and
(c) make one or more backup copies solely to restore a lawfully obtained
version.
2.2. The license is provided without a license fee. The Software is licensed,
not sold. All rights not expressly granted by this Agreement are reserved by
the Rights Holder.
2.3. This Agreement does not grant the right to distribute, resell, rent,
publicly host for download, or otherwise provide the Software to third parties,
except as expressly permitted in writing by the Rights Holder or by applicable
law. You may share a link to an Official Distribution Channel.
3. FREE CORE AND PAID COMPONENTS
3.1. The core version of the Software is available without a license fee.
Additional functionality may be supplied as Paid Components.
3.2. Purchase of a Paid Component is governed by the terms displayed before
purchase, including the applicable licensing model, term, number of users or
devices, update rules, refund terms, and termination rules.
3.3. If the terms for a particular Paid Component conflict with this Agreement,
the specific terms prevail only with respect to that Paid Component.
3.4. The Rights Holder may change the content and price of future versions,
future services, and future Paid Components. Such changes do not by themselves
terminate the User's right to use a version already obtained under the terms
that applied when it was obtained, provided that the User complies with this
Agreement.
4. VOLUNTARY REGISTRATION AND SUPPORT CONTRIBUTIONS
4.1. Unless expressly stated otherwise, account or version registration is
voluntary and is not required to use the core features of the Software.
4.2. A User may voluntarily support development of the Software by making a
monetary contribution. Such contribution is not a license fee for the core
version and does not create ownership rights, project-governance rights, rights
to source code, an obligation to release a particular feature, or an obligation
to continue development.
4.3. If a specific digital benefit, status, registration key, Paid Component,
service, or other consideration is offered in exchange for a contribution, the
offer constitutes a separate paid transaction and is governed by the terms
shown to the User before payment.
4.4. Refunds of contributions and payments are governed by applicable law, the
payment provider's rules, and the terms of the specific offer.
5. PLUGINS AND THE PUBLISHED API/ABI
5.1. Use of materials in the public API/ABI repository is governed by the
license included in that repository. This Agreement neither replaces nor
limits that license.
5.2. The Rights Holder does not acquire exclusive rights to the code of a
Third-Party Plugin merely because that Plugin interacts with the Software
through the published API/ABI.
5.3. Distribution of a Plugin through a store, catalog, repository, or other
platform operated by the Rights Holder may be governed by a separate agreement
with the Plugin developer or publisher.
5.4. Official Plugins may be distributed under a separate license. Third-Party
Plugins are licensed by their authors. To the maximum extent permitted by law,
the Rights Holder is not responsible for Third-Party Plugins, including their
security, legality, availability, quality, compatibility, data processing, or
any damage caused by them.
5.5. The User is responsible for evaluating the source and reliability of
Third-Party Plugins. Plugins should be installed only from trusted sources, and
important data should be backed up.
5.6. Plugin compatibility may depend on the API/ABI version. The Rights Holder
may change the API/ABI in future major versions and does not guarantee perpetual
compatibility of any Plugin. Supported versions should be stated in the
relevant interface or Plugin documentation.
6. RESTRICTIONS
Except as expressly permitted by this Agreement, a separate license, or
applicable law, the User must not:
(a) copy, modify, adapt, or create derivative works from closed-source
components of the Software;
(b) decompile, disassemble, reverse engineer, or otherwise attempt to obtain
the source code of closed-source components;
(c) circumvent technical protection measures, license checks, access controls
for Paid Components, or security mechanisms;
(d) remove or alter copyright, trademark, or other proprietary notices;
(e) use the Software or Plugins to distribute malicious code, obtain
unauthorized access, infringe third-party rights, or conduct unlawful
activity; or
(f) use the Rights Holder's name, logos, or trademarks in a manner that creates
a false impression of official origin, certification, partnership, or
endorsement of a Plugin or other product.
The restrictions in paragraphs (a) and (b) do not apply to the extent that
mandatory law expressly permits the relevant acts, including for
interoperability, and does not allow contractual exclusion. Any such acts must
be limited to the minimum necessary scope.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The Software, its closed-source code, design, structure, graphics,
documentation, and other original elements are owned by the Rights Holder or
its licensors and are protected by applicable law.
7.2. This Agreement does not transfer to the User ownership of the Software,
trade names, domain names, logos, trademarks, or trade dress of the Rights
Holder.
7.3. Rights in user files and data remain with the User or their respective
rights holders. The User is responsible for the legality of materials processed
with the Software.
8. UPDATES AND CHANGES
8.1. The Rights Holder may provide patches, updates, and new versions. Updates
may change features, system requirements, and Plugin compatibility.
8.2. Unless separate terms are stated for an update, this Agreement applies to
it. If a new agreement is presented, use of the update after acceptance is
governed by that new agreement.
8.3. The Rights Holder is not required to support indefinitely any particular
version, operating system, external service, or Plugin unless expressly
promised under a separate agreement or required by law.
9. THIRD-PARTY COMPONENTS
9.1. The Software may include third-party components, including open-source
components. Their use is governed by the applicable licenses identified in the
THIRD-PARTY-NOTICES file, the “About” section, or other accompanying
documentation.
9.2. In the event of conflict, a third-party component's license prevails only
with respect to that component.
10. PRIVACY AND PERSONAL DATA
10.1. Personal-data processing by the Software is described in the separate
Privacy Policy for the Software, available at:
https://the.talyh.com/legal/privacy
That policy governs the Software. Visiting the product website at
the.talyh.com, or the Rights Holder's website at talyh.com, is a separate
matter governed by the website privacy policy published at
https://talyh.com/privacy/, which applies to talyh.com and its subdomains.
Neither policy replaces the other.
10.2. Before registration or submission of data, the User must be provided with
information about the Rights Holder or data controller, purposes and legal
bases of processing, categories of data, retention periods, recipients, and
available rights to the extent required by applicable law.
10.3. If the User does not register and does not enable optional network
features, the Software must not treat the User as a participant in the support
program or as a registered user.
11. SUPPORT, AVAILABILITY, AND BACKUPS
11.1. The no-fee license does not include a guaranteed support level, response
time, preservation of particular features, or uninterrupted availability of
network services unless a separate agreement states otherwise.
11.2. The User is responsible for backing up important files and reviewing the
Software's output before using it in critical processes.
12. DISCLAIMER OF WARRANTIES
12.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE IS PROVIDED “AS IS”
AND “AS AVAILABLE”, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, ERROR-FREE OPERATION, OR COMPATIBILITY WITH EVERY
PLUGIN, DEVICE, OR SYSTEM.
12.2. Nothing in this section excludes mandatory warranties or User rights that
cannot be limited by contract.
13. LIMITATION OF LIABILITY
13.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RIGHTS HOLDER SHALL NOT BE
LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, OR FOR LOSS OF PROFIT, REVENUE, DATA, GOODWILL, OR USE, ARISING FROM OR
IN CONNECTION WITH THE SOFTWARE OR PLUGINS.
13.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RIGHTS HOLDER'S TOTAL
LIABILITY FOR CLAIMS RELATING TO A PARTICULAR PAID COMPONENT SHALL NOT EXCEED
THE AMOUNT ACTUALLY PAID BY THE USER FOR THAT COMPONENT DURING THE TWELVE MONTHS
PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR THE FREE VERSION, THE
LIABILITY CAP IS 100 USD (ONE HUNDRED UNITED STATES DOLLARS), UNLESS A HIGHER
MINIMUM CAP IS REQUIRED
BY MANDATORY LAW.
13.3. These limitations do not apply to liability that cannot lawfully be
excluded or limited, including liability for intentional misconduct, gross
negligence, death, or personal injury to the extent provided by applicable law.
14. TERMINATION
14.1. The license remains in effect until terminated. In the event of a
material breach, the Rights Holder may terminate the license after notifying
the User and allowing a reasonable opportunity to cure the breach where cure is
possible and the law does not require another procedure.
14.2. Upon termination, the User must stop using and delete the Software and all
copies. Termination does not affect provisions that by their nature should
survive, including provisions on intellectual property, warranty disclaimers,
liability, and governing law.
15. GOVERNING LAW AND DISPUTES
15.1. This Agreement is governed by the laws of Georgia, without regard to
conflict-of-laws rules.
15.2. Disputes shall be submitted to the competent courts at the Rights
Holder's place of establishment, unless applicable mandatory law provides
otherwise.
15.3. If the User is a consumer, nothing in this Agreement deprives the User of
mandatory consumer rights or the right to apply to a court or authority
competent under the law of the User's place of residence where those rights
cannot be modified by contract.
16. CHANGES TO THIS AGREEMENT
16.1. A new version of this Agreement may apply to future versions, additional
services, or Paid Components after it is presented to the User and consent is
obtained where required by law.
16.2. The Rights Holder may not retroactively deprive the User of a license
already granted for an installed version merely by publishing new terms,
provided that the User complies with the terms that applied to that version.
17. GENERAL TERMS
17.1. If any provision is held invalid, the remaining provisions remain in
force. The invalid provision shall be applied to the maximum lawful extent or
replaced by a valid provision that most closely reflects its purpose.
17.2. Failure to enforce any right is not a waiver of that right.
17.3. Section headings are for convenience only.
17.4. This Agreement, the specific terms for Paid Components, third-party
licenses, and the Privacy Policy together form the set of documents governing
the relevant relationships. The Privacy Policy does not replace licensing
terms, and this Agreement does not replace privacy notices.
17.5. This Agreement is available in English and Russian. Both versions are
intended to convey the same meaning. In the event of inconsistency, the English
version shall prevail to the maximum extent permitted by applicable law. This
rule does not limit mandatory User rights or statutory language requirements.
18. RIGHTS HOLDER CONTACT DETAILS
Individual Entrepreneur Vitalii Talykh, trading as “Talyh Studio”
Registration number: 304663237
0162, Georgia, Tbilisi, Krtsanisi district, Ponichala-3 settlement, Building 5
Licensing and legal enquiries: legal@talyh.com
Personal-data enquiries: privacy@talyh.com
Website: https://talyh.com
END OF AGREEMENT
Previous editions stay available at permanent addresses. This is edition 1.0