license.txt

LICENCE TERMS AND CONDITIONS



PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE RSBot 
SOFTWARE OR DOWNLOADING THE SOFTWARE UPDATE ACCOMPANYING 
THIS AGREEMENT. BY USING THE RSBot SOFTWARE OR DOWNLOADING THE 
SOFTWARE UPDATE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF 
THIS AGREEMENT. 

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE 
RSBot SOFTWARE OR DOWNLOAD THE SOFTWARE UPDATE. 



PARTIES

J.P. Holdings Int’l Ltd (“JPH”), a company registered in England and Wales under Company 
No.07584150, whose registered office is Chancery Station House, 31-33 High Holborn,
London WC1V 6AX, United Kingdom.

You (you become a party by downloading the RSBot Software)




NOW IT IS HEREBY AGREED AS FOLLOWS

1.	DEFINITIONS



RSBot Software
means the RSBot application, including third party software 
incorporated in it and any subsequent applications and 
software Updates.



Updates 
means any new versions, revisions or bug fix releases 
downloaded by you subsequent to originally downloading 
the RSBot Software.

Website
means www.powerbot.org

We, Us, Our
means JPH

You, Your
means the person who accepts this Agreement by 
downloading the RSBot Software.





 2.	LICENCE TO USE THE RSBot SOFTWARE

2.1	Subject to the terms and conditions of this Agreement, we hereby grant you a time 
limited, revocable, non-exclusive, worldwide licence to use the RSBot Software and 
other items supplied or made available by us, but only for use in connection with the 
RSBot Software. This Agreement is made, and becomes binding on both parties, 
when you download the RSBot Software.

2.2	You may not rent, lease, sell, redistribute or sub-license the RSBot Software and you 
may not transfer or assign your rights under this Agreement to anyone else.

2.3	The data and features made available to you through the RSBot Software will depend 
on the type of licence you have purchased.

2.4	You are not licensed to, and may not, download the RSBot Software if you are under 
18 years of age.

2.5	At our discretion, we may make future Updates of the RSBot Software available to 
you. Updates, if any, may not necessarily include all existing software features.

2.6	We are entitled to suspend any service provided to you through the RSBot Software 
without notice where 

	2.6.1 	we need to suspend access to the RSBot Software for maintenance or other 
similar reasons; or
	2.6.2	you are in breach of this Agreement.

	We will give you as much notice as possible of any suspension of service.


3.	YOUR OBLIGATIONS WHEN USING THE RSBot SOFTWARE

3.1	You are liable for any telephone or other communication charges and any charges 
made by your Internet service provider or any other third party as a result of your use 
of the RSBot Software. 

3.2	You agree NEVER to leave the PC once you have accessed the RSBot Software nor 
to let anyone else use it on your behalf. 

3.3	Whilst we will develop and implement reasonable security standards for regulating 
and controlling unauthorised access to the RSBot Software, we cannot and shall not 
be responsible for any loss or misuse of information contained therein caused by 
unauthorised third parties hacking into or otherwise obtaining access to your systems.


4.	RESTRICTIONS ON YOUR USE OF THE RSBot SOFTWARE

4.1	You agree neither to disaggregate the RSBot Software, nor to decompile the software 
used in making or operating the RSBot Software, nor to develop any database or any 
service from such disaggregation or decompilation.

4.2	You agree neither to modify nor reverse engineer the RSBot Software (or any part of 
it) nor to allow any third party to carry out any of these acts. 

4.3	You agree not to use the RSBot Software for any unlawful purpose. 

4.4	You will indemnify us against any losses whatsoever and howsoever arising as a 
result of your breach of this clause 4.


5.	INTELLECTUAL PROPERTY RIGHTS 

5.1	You agree that all intellectual property rights, including copyright, database rights, 
rights in confidential information and trade secrets, trademarks, service marks, and 
trade names, patents or design rights (whether registered or not and including 
applications for the same), in the RSBot Software shall remain our exclusive property.

5.2	We make available on the Website a subset of the code of RSBot Software (“the 
Subset”), so you can view it and understand how it works. By downloading the Subset, 
you agree we retain copyright in it, in the code of RSBot Software and in any 
developments of the Subset, which you return to us.	

	You may not use the Subset for any purpose other than as set out in this sub-clause. In 
particular, and without limitation, you may not use it for any commercial purpose 
whatsoever.



6.	DATA PROTECTION

6.1	We comply with the Data Protection Act 1998. By way of information, we refer to the 
Privacy Policy on the Website. 

6.2	We receive personal data from you relating to your identity and relating to our 
business activities. We will not use that data other than in accordance with the Privacy 
Policy.

6.3	We will not be liable to you for any breaches you may commit of the Data Protection 
Act 1998 and you will indemnify us against any claims we may receive for any such 
breaches.

7.	DURATION & TERMINATION

7.1	Your licence to use the RSBot Software comes into effect on the day you first 
download the RSBot Software.

7.2	Your licence to use the RSBot Software will terminate either;
	
	7.2.1	at the time and date specified on the Website when you download the 
application;	
	7.2.2	at 2359 hrs on the day you download the RSBot Software without also 
obtaining a Trial or Activation Key; or
	7.2.3	if you download the RSBot Software but for whatever reason are unable to 
install or activate it; or
	7.2.4	if terminated according to the terms and conditions of this Agreement.

7.3 	We may immediately terminate this Agreement and disable your access to the RSBot 
Software and its associated data:

	7.3.1	if you are in breach of this Agreement, including not paying in full; or 
	7.3.2	if you cease business, become insolvent, commit any act of insolvency or 
become subject to any proceeding under an insolvency law or have a receiver 
appointed over your assets; or 
	7.3.3	if you challenge the validity of our Intellectual Property Rights in the RSBot 
Software; or 
	7.3.4	if you engage in conduct prejudicial to the marketing of the RSBot Software 
or to its reputation; or 
	7.3.5	if you assign or attempt to assign or transfer your rights or liabilities under this 
Agreement; or
	7.3.6    under clause 7.4.

7.4	If we receive direction or advice from a regulator or suitably qualified legal expert 
that we should cease or amend the provision of the RSBot Software due to its non-
compliance with legislation, regulations, codes or other industry or regulatory rules, 
we shall be entitled to either (i) modify the RSBot Software as necessary; or (ii) 
terminate this Agreement. 

7.5	In the event that this Agreement is terminated pursuant to clause 7.3 or 7.4 above, we 
shall have no liability in respect of such termination, except in respect of any accrued 
claims up to the date of such termination. Termination shall not release any party 
from any obligation or liability incurred prior to the date of termination. 


8.	LIMITATION AND EXCLUSION OF LIABILITY 

8.1	We do not make, and hereby disclaim, any warranty, express or implied, with respect 
to the RSBot Software or any other services provided under this Agreement including, 
but not limited to, fitness for a particular purpose of the RSBot Software. 

	If for any reason the RSBot Software does not work, we will, at your option :
	either (a) allow you to re-download the RSBot Software; or (b) replace the download 
for free;  or (c) send you a refund of what you have paid for that download.  You may 
apply for a refund by sending an email to support@powerbot.org

8.2	You agree that we shall not be liable to you (or to any third party claiming through 
you) for any loss or injury arising out of or caused (in whole or in part) if: (a) the 
RSBot Software is unavailable or suspended for any reason; or (b) the RSBot 
Software causes your PC or other systems not to work normally or at all; or (c) a 
claim of any sort is brought directly against you by Jagex Ltd.

8.3	You agree that we will not be liable to you (or to any third party claiming through you) 
for any loss of profits, revenue or goodwill, loss of anticipated savings, loss or 
corruption of data, even if such loss was reasonably foreseeable or if we had been 
advised of the possibility of you incurring the same.

8.4	You agree that we will not be liable to you (or to any third party claiming through you) 
for any special, indirect or consequential loss, even if such loss was reasonably 
foreseeable or if we had been advised of the possibility of you incurring the same.


8.5	If we are found liable to you under this Agreement, you agree that our maximum 
aggregate liability to you in respect of any direct loss (or any other loss to the extent 
that such loss is not excluded by this Agreement), whether such loss arises in contract 
or tort or otherwise, shall be limited to an amount equal to the total payments we have 
received from you in the year before you incurred such loss.


8.6	Nothing in this Agreement shall exclude or limit either party’s liability in respect of (i) 
death or personal injury caused by its negligence or that of its employees, agents or 
subcontractors or (ii) fraud or fraudulent misrepresentation.


9.	PAYMENT

9.1   	Your right to a licence of the RSBot Software, pursuant to Clause 2.1, comes into 
effect when you download it.  You become due to make payment under this Clause 
once you download a particular application, when you must pay the price of that 
application set out in the Website. 

If, for whatever reason, we have not received payment in full once you download a 
particular application, we may immediately terminate this Agreement under Clause 
7.3.1.

9.2	The price you pay for the RSBot Software is calculated on the basis that:

	i)	you pay by credit or debit card through the Website and
	ii)	it is non-refundable for any reason once you have used RSBot Software in any 
way.


10.	MISCELLANEOUS 

10.1	This Agreement shall be governed by and construed in accordance with English law 
and the parties hereby submit to the exclusive jurisdiction of the English Courts.

10.2	Entire Agreement

	10.2.1	This Agreement constitutes the entire understanding between you and us with 
respect to the subject matter hereof and supersedes all prior or 
contemporaneous discussions, understandings and agreements in regard 
thereto.  

	10.2.2	For the purposes of this clause a Pre-Contractual Statement means any 
agreement, undertaking, representation, warranty, promise, assurance or 
arrangement of any nature whatsoever (whether in written or draft form, 
including on the Website, and whether express or implied) made or given by 
any person (including intermediaries or introducers) at any time prior to the 
execution of this Agreement in connection with any of the matters dealt with 
in this Agreement.
 
	10.2.3 	Each Party hereby acknowledges that it has not entered into this Agreement in 
reliance upon any Pre-Contractual Statement which is not expressly set out 
herein and that this Agreement supersedes and extinguishes any prior Pre-
Contractual Statements relating thereto and each Party hereby unconditionally 
and irrevocably waives any claims, rights or remedies whether arising in 
contract, misrepresentation, negligence, breach, statutory duty or otherwise 
arising by virtue of any Pre-Contractual Statement not set out herein, even 
where set out in the Website or any brochure.

10.3	Neither the RSBot Software nor its underlying information or technology may be 
downloaded or otherwise exported or re-exported: (i) to (or to any national or resident 
of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the US 
has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's List of 
Specially Designated Nationals or the U.S. Commerce Department's Table of Denial 
Orders. By downloading or using the RSBot Software, you agree to the foregoing and 
you represent and warrant that you are not located in, under the control of, or a 
national or resident of any such country or on any such List or Table. 

10.4	This Agreement may only be amended in writing by one of our duly authorised 
representatives.

10.5	If any provision of this Agreement shall be found by any court of competent 
jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such 
provision shall not affect the other provisions of this Agreement and all provisions not 
affected by such invalidity shall remain in full force and effect. The parties hereby 
agree to attempt to substitute for any invalid or unenforceable provision a valid or 
enforceable provision that achieves to the greatest extent possible the economic, legal 
and commercial objectives of the invalid or unenforceable provision. 

10.6	We may assign or novate this Agreement governing the RSBot Software to any 
affiliated company or to any purchaser of all or part of our assets and you hereby 
consent to such assignment or novation



	BY USING THE RSBot SOFTWARE AND DOWNLOADING THE SOFTWARE 
UPDATE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS 
OF THIS AGREEMENT



This Agreement applies from 26th April 2012.