INTRODUCTION

1.1  The following “Terms of Service" describe the terms on which Metapraxis Ltd ("Metapraxis") offers you trial usage access to the Business Flight Simulator Service (the "Service").  This offer is conditional on your agreement to all of the terms and conditions contained in the Terms of Service.  The Business Flight Simulator is the subject of a patent application with Serial No. US 11/963,302.

1.2  By using the Business Flight Simulator, you agree to these Terms of Service.  If you do not so agree, you should decline this agreement, in which case you are prohibited from accessing or using the Business Flight Simulator.

1.3  Metapraxis Ltd may change these terms at any time by posting changes online.  Please review these terms regularly to ensure that you are aware of any such changes.  Your continued use of the Business Flight Simulator after changes are posted means you agree to be legally bound by these terms as amended or updated.

THE BUSINESS FLIGHT SIMULATOR SERVICE

2.1  "Business Flight Simulator" is an online Service developed by Metapraxis, including any software provided to you by Metapraxis (collectively, the "Business Flight Simulator Software") and the online environments that support the Service.  The software, servers and websites collectively constitute the “Service” as used in this agreement.  By using the Service you may have trial access to computer programs, graphics, simulations, text, data and other output (collectively, “Content”).

2.2  Metapraxis reserves the right to interrupt the Service without prior notice.  You agree that Metapraxis will not be liable for any interruption of the Service, delay or failure to perform.  Metapraxis has the right at any time to change and/or discontinue any or all aspect(s) of the Service as it sees fit and at its sole discretion.

2.3  Metapraxis has the right at any time to suspend or terminate this Agreement and/or terminate any and all current or future use of the Service without notice or liability to you.

2.4  Certain aspects of the Service may be provided for a fee or other charge.  Metapraxis may add new facilities at any time, and may amend fees and charges for existing services at any time at its sole discretion.

LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS

3.1  Subject to the terms of this Agreement, Metapraxis grants to you a non-exclusive, non-transferable, limited, fully revocable license to use the Software and the rest of the Service during the time you are in full compliance with the Terms of Service solely for your own use.  Nothing in this Agreement, or on Metapraxis' websites, shall be construed as granting you any other rights or privileges of any kind with respect to the Service or to any Content.

3.2  Metapraxis retains ownership of any Content created by your use of the Business Flight Simulator and you have no copyright or other intellectual property rights with respect to such Content.

CONDUCT BY USERS OF BUSINESS FLIGHT SIMULATOR

4.1  You agree to use the Business Flight Simulator as provided, and without unauthorised software or other means of access or use.

4.2  You will not take any action that imposes an unreasonable or disproportionately large load on Metapraxis' infrastructure.

4.3  You will not copy or distribute the Business Flight Simulator Software.

4.4  You may not modify, adapt, reverse engineer, decompile or attempt to discover the source code of the Business Flight Simulator Software, or create any derivative works of the Business Flight Simulator Software or the Service, or otherwise use the Business Flight Simulator Software except as expressly provided in this Agreement.

4.5  You will not use the marks of Metapraxis or copy or distribute any of the written materials associated with the Service without prior authorisation from Metapraxis.

RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNIFICATION

5.1  Metapraxis provides the Service, the Business Flight Simulator Software, and all other services strictly on an "as is" basis, provided at your own risk, and hereby expressly disclaims all warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose.

5.2  In no event shall Metapraxis or any of its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees or distributors be liable to you or to any third party for any special, incidental, consequential, punitive or exemplary damages, including without limitation any damages for lost profits, arising (whether in contract, tort, strict liability or otherwise) out of or in connection with the Service (including its modification or termination), the Business Flight Simulator Software or this agreement, whether or not Metapraxis may have been advised that any such damages might or could occur and notwithstanding the failure of essential purpose of any remedy.

5.3  At Metapraxis' request, you agree to defend, indemnify and hold harmless Metapraxis, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors and other users of the Service, from all damages, liabilities, claims and expenses arising from any breach of this Agreement by you, or from your use of the Service.

5.4  When using the Service, you may accumulate the numeric results from your use of the Business Flight Simulator Service that reside as data on Metapraxis' servers.  These data, and any other data, user history and user names residing on Metapraxis’ servers, may be deleted, altered, moved or transferred at any time for any reason in Metapraxis' sole discretion.

5.5  You understand and agree that Metapraxis has the right, but not the obligation, to remove any content (in whole or in part at any time, with or without notice and with no liability of any kind).

PRIVACY POLICY

6.1  Metapraxis may use your personal information to operate and improve the Business Flight Simulator, and will not give your personal information to third parties without your written permission.

6.2  Metapraxis may observe and record your interaction within the Service, and may share aggregated and other general information (not including your personal information) with third parties.

6.3  You acknowledge and agree that Metapraxis, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service.

GENERAL PROVISIONS

7.1  If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

7.2  These terms shall be governed by and interpreted in accordance with the laws of England.