PLEASE READ CAREFULLY BEFORE USING THE GAIMIN LAUNCHER APPLICATION

This licence agreement (Licence) is a legal agreement between you (Licensee or you) and GAIMIN LDA of  Rua José Alfredo da Costa Azevedo, Lisbon, 2635 585, Portugal (Licensor, us or we) for:

We licence use of the Software and Documents to you on the basis of this Licence. We do not sell the Software or Documents to you. We remain the owners of the Software and Documents at all times.

OPERATING SYSTEM REQUIREMENTS: THIS SOFTWARE REQUIRES A WINDOWS PC WITH AN ACTIVE INTERNET CONNECTION.

IMPORTANT NOTICE TO ALL USERS:

You should print a copy of this Licence for future reference.

  1. Grant and Scope of Licence
    1. In consideration of you agreeing to abide by the terms of this Licence, we grant to you a non-exclusive, non-transferable licence to use the Software and the Documents on the terms of this Licence.
    2. The Software may automatically download and install updates, patches, or new features. You consent to the automatic delivery of such updates. Certain updates may be required for continued use of the Software. If you disable or block updates, the Software may not operate correctly.
    3. We may modify, suspend, or discontinue any feature, service, or content accessible through the Software at any time. We will not be liable for any such modification, suspension, or discontinuation except where required by law.
    4. Some features may be released as beta or experimental. Such features are provided ‘as is’ without warranty.
  2. Restrictions
    1. Except as expressly set out in this Licence or as permitted by any local law, you undertake:
      1. not to copy the Software or Documents except where such copying is incidental to normal use of the Software;
      2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documents;
      3. not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
      4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
        1. is used only for the purpose of achieving interoperability of the Software with another software program; and
        2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
        3. is not used to create any software which is substantially similar to, or in competition with the Software;
      5. to supervise and control use of the Software and ensure that the Software is used by your employees and representatives in accordance with the terms of this Licence;
      6. not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person other than your employees and/or representative without prior written consent from us;
      7. to comply with all applicable technology control or export laws and regulations; and
      8. you must not attempt to interfere with, modify, or circumvent any security, authentication, or reward‑tracking mechanisms within the Software
  3. Intellectual Property Rights
    1. You acknowledge that all intellectual property rights in the Software and the Documents anywhere in the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documents other than the right to use them in accordance with the terms of this Licence.
    2. You acknowledge that you have no right to have access to the Software in source code form.
    3. The Software may display or distribute third‑party games, assets, trademarks, or content. All such rights belong to their respective owners. We are not responsible for the content, availability, performance, or security of third‑party games or services accessed through the Software. Your use of third‑party games may be subject to separate terms and conditions.
    4. If you provide feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, royalty‑free licence to use such feedback for any purpose.
  4. User Generated Content
    1. If the Software allows you to upload, submit, create, or share content (including usernames, avatars, chat messages, profile information, or other materials), you are solely responsible for such content. You must ensure that any content you provide does not infringe the rights of others, violate applicable law, or contain harmful, offensive, or unlawful material.
    2. By submitting content through the Software, you grant us a worldwide, non‑exclusive, royalty‑free, transferable, and sublicensable licence to use, reproduce, modify, distribute, display, and perform that content for the purpose of operating, improving, and promoting the Software.
    3. We may remove, restrict access to, or delete any content at our discretion if we believe it breaches this Licence or poses a risk to the Software, other users, or our business.
  5. Limited Warranty
    1. We do not guarantee the availability of any particular game, service, or digital content accessible through the Software.
    2. The warranty does not apply:
      1. if the defect or fault in the Software results from you having altered or modified the Software; and
      2. if the defect or fault in the Software results from you having used the Software in breach of the terms of this Licence.
    3. Nothing in this Licence affects any statutory rights you may have as a consumer under applicable law.
  6. Limitation of Liability
    1. You acknowledge that the Software has not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documents meet your requirements.
    2. We supply the Software for personal and non‑commercial use. You agree not to use the Software for any commercial resale or service bureau purposes.
    3. We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
      1. loss of profits, sales, business, or revenue;
      2. business interruption;
      3. loss of anticipated savings;
      4. wasted expenditure;
      5. loss or corruption of data or information;
      6. loss of business opportunity, goodwill or reputation;

where any of the losses set out in condition 6.3.1 to condition 6.3.6 are direct or indirect; or

  1. any special, indirect or consequential loss, damage, charges or expenses.
  2. We are not responsible for any loss of virtual items, digital rewards, or blockchain‑based assets except where required by law. This maximum cap does not apply to condition 6.5.
  3. Nothing in this Licence shall limit or exclude our liability for:
    1. death or personal injury resulting from our negligence;
    2. fraud or fraudulent misrepresentation;
    3. any other liability that cannot be excluded or limited by Portuguese law.