通过有远见的工具实现洞察树。该软件可帮助构建决策树，以优化和记录决策流程，并模拟复杂的业务案例。 Insight Tree 免费用于私人/个人目的、教育（包括学习和教学）以及非政府组织/非营利组织。 除了传统的决策树分析之外，Insight Tree 还允许针对预算限制优化项目组合。
版本历史记录
- 版本 3.0.1 发布于 2008-07-05
洞察树取代 Occam 的树， 提供新功能和图形能力
软件信息
- 软件分类： 业务 > 投资工具
- 发布者： Visionary Tools
- 许可： 免费试用
- 价格： $93.40
- 版本： 3.0.1
- 适用平台： windows
终端用户许可协议
INSIGHT TREE software LICENSE AGREEMENT Between you and VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR. BY CLICKING THE FIELD “I ACCEPT THE AGREEMENT” OR INSTALLING OR USING INSIGHT TREE SOFTWARE, YOU AGREE ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (IF APPLICABLE) THAT YOU OR SUCH ENTITY ARE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT AS THE "LICENSEE." IF YOU OR THE ENTITY YOU REPRESENT, AS APPLICABLE, DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “I DO NOT ACCEPT THE AGREEMENT” AND CANCEL THE SETUP PROCESS, YOU MUST NOT INSTALL OR USE THE SOFTWARE, AND YOU OR THE ENTITY YOU REPRESENT, AS APPLICABLE, DO NOT BECOME A LICENSEE UNDER THIS AGREEMENT. 1. DEFINITIONS. a) "Agreement" means this INSIGHT TREE software License Agreement. b) "Private Edition" means the executable code version of only those features of INSIGHT TREE software identified as the features of the free INSIGHT TREE Private Edition software at the following URL: http://www.visionarytools.com/downloads/InsightTreeSetup###.zip, where ### can stand for any present or future version of the software. Visionary Tools may in its own discretion decide to use other download locations (URLs) for the same software, and downloads from these locations underlie the same rules. c) "Professional Edition" means the executable code version of the fully functional INSIGHT TREE software, including both the INSIGHT TREE Private Edition features and all additional features of the INSIGHT TREE Professional Edition software after activation by means of a license key. d) "Documentation" means the help pages which are accessible through INSIGHT TREE Help menus, as well as additional information available at http://www.visionarytools.com. e) "Product" means the Private Edition and/or the Professional Edition of INSIGHT TREE software, as applicable to Licensee. f) “Licensee” means you and the entity you represent (if applicable) after you have started the setup process for INSIGHT TREE software by accepting this Agreement. g) "Update" means a revision to the Product designated by a change in the version number. h) "Upgrade" means a promotion in the edition used by Licensee from the Private Edition to the Professional Edition of INSIGHT TREE software. 2. LICENSE GRANT. a) Private Edition. Subject to Licensee's compliance with the terms and conditions of this Agreement, VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR, grants Licensee a free-of-charge, personal, non-exclusive, and non-transferable license to install and use the INSIGHT TREE Private Edition software. This free license is restricted solely for use in a private environment, i.e. to support personal decisions, which do not directly affect businesses of any organizations in which Licensee has a formal role or responsibility. This license term includes use of the INSIGHT TREE Private Edition software (i) for private and personal purposes, (ii) for academic and non-academic instructor-lead education and self-directed learning, (iii) for evaluation purposes related to the INSIGHT TREE software and its underlying methodologies, (iv) in organizations that are non-governmental and not-for profit. This last inclusion is only valid for those non-governmental and not-for-profit organizations that do not commit or promote illegal or unethical activities or objectives including (i) upholding nationalism, racism, aggressive religious fundamentalism or any other discriminating ideologies or activities, (ii) distribution of illegal drugs, weapons and other items that are potentially harmful to people, (iii) whaling and other activities that are cruel or can lead to extinction of species. Use of the INSIGHT TREE Private Edition software by organizations is consequently limited to those non-governmental and not-for-profit organizations that are dedicated to the principles of peace, to personal, cultural, and religious freedom and diversity and to humanity to mankind and other feeling beings. b) Professional Edition. Provided Licensee complies with the terms and conditions of this Agreement and has paid the applicable license fee that is prerequisite to upgrade to the premium features of the Professional Edition, VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR grants Licensee a personal, non-exclusive, and non-transferable license to install and use the INSIGHT TREE Professional Edition software. Upon VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR's receipt of the applicable license fees, VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR in its own discretion will either send Licensee a Professional Edition License Key to allow the upgrade by Licensee, or make the software otherwise available to Licensee. The restriction under 2.a) for the INSIGHT TREE Private Edition software do not apply for the INSIGHT TREE Professional Edition software. VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR may in its own discretion decide to revoke a license granted to an organization and pay back the license fee to Licensee if they believe that the Product is being used for purposes that cannot be approved from legal or ethical reasons by VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR. 3. RESTRICTIONS ON USE. Licensee may not: (i) modify or create any derivative works of the Product; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to (a) derive the source code, underlying ideas, algorithms, structure or organization of the Product, or (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Product (except to the extent applicable laws specifically prohibit such restriction); (iii) attempt to access or use the premium features of the INSIGHT TREE Professional Edition if Licensee has not paid the applicable fees or by any manner or method other than using the software provided by VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR; (iv) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer the Product or rights thereto unless a Master License is granted to him; (v) use the Product to reproduce, display, perform, or distribute content in any manner that violates any applicable international laws or regulations or any third party's rights, including copyright, privacy or publicity rights, or other intellectual property right; (vi) use the Product in a timesharing or service bureau arrangement; or (vii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product. Licensee is free to copy and re-distribute the Private Edition as long as it remains unchanged and no statements regarding copyright or other rights are being made which are in contradiction to this EULA or other information published by VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR. Licensee must not copy or re-distribute the license key which is used to activate INSIGHT TREE Professional Edition Software and has been submitted to him by VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR or by their re-distribution partners unless this is done in a manner to which VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR have explicitly and in writing agreed. Only for such cases that VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR can prove that Licensee, in a manner which contradicts to this license Agreement and to other Agreements made in writing between VISIONARY TOOLS DANIEL V OLIVER LEHMANN GBR and Licensee, has forwarded the license key which activates the INSIGHT TREE Professional Edition Software to another person or offered it for download, copy or any other means of redistribution, or that Licensee obtained sufficient knowledge of the secrets of the process of creation of the license key and uses this knowledge to enable others to use INSIGHT TREE Professional Edition Software without having to pay a license fee to VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR, a damage payment is agreed between Licensee and VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR to be paid by the Licensee of not less than the sales value of one thousand fully paid INSIGHT TREE Professional Edition Software licenses without further prove of the actual damage. This payment is agreed to be multiplied by a factor of ten if Licensee fails to refrain from such behavior for longer than 72 hours after receipt of a notice from VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR which instructs Licensee to do so. Licensee agrees that the damage payment mentioned in the previous paragraph is not excessive. Licensee agrees that the application of FAIR USE according to §107 of the Copyright Law of the United States of America and similar laws in other legislations in other countries does not apply to the license key which is used to convert INSIGHT TREE software to Professional Edition as it is described above. 4. SUPPORT. a) Private Edition. If Licensee is using the Private Edition, Licensee will have access to community forums, FAQs, and other online self help services, but will not be entitled to receive from VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR any technical support or telephone assistance. b) Professional Edition. If Licensee is using the INSIGHT TREE Professional Edition Software, in addition to the self help services available, Licensee shall be entitled to reasonable email customer support during normal central European business hours for thirty (30) days commencing on the date Licensee receives the Professional Edition. No customer support is provided for Updates or Upgrades received pursuant to this Agreement. 5. FEES. There is no license fee for the Private Edition. A license fee is required in order to receive the premium features of the INSIGHT TREE Professional Edition Software. Fee information is available at www.visionarytools.com. 6. UPGRADES. a) Private Edition. This license does not entitle Licensee to Updates or Upgrades to the Private Edition. In order to receive an Update or Upgrade to the Private Edition, Licensee must agree to the then current license Agreement and download the Update or Upgrade from www.visionarytools.com. b) Professional Edition. This license does not entitle Licensees of the INSIGHT TREE Professional Edition Software to Updates or Upgrades to the Professional Edition. If Updates and/or Upgrades to the Professional Edition are made available, they will be available from www.visionarytools.com and will be subject to VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR's then current license Agreement and payment of additional license fees, if any. 7. LICENSEE REPRESENTATIONS. Licensee represents and warrants that it has the legal capacity to enter into this Agreement, that it will use the Product only for lawful purposes and in accordance with this Agreement, and that it will not use the Product to violate any law, regulation or ordinance or any right of VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR or its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. 8. TERMINATION. Should Licensee breach this Agreement, Licensee's right to use the Product shall terminate immediately and without notice. The respective rights and obligations of VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR and Licensee under the provisions of Sections 2 (“License Grant“), Sections 3 ("Restrictions on Use"), 8 ("Termination"), 9 ("Proprietary Rights"), 11 ("Indemnification"), 14 ("Limitation of Liability"), and 18 ("Miscellaneous") shall survive expiration or termination of this Agreement and Licensee agrees to continue to be bound by those terms. Upon termination, Licensee shall destroy all copies of the Product. 9. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product shall remain in VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR and/or its licensors and other suppliers. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR's or its licensors' or other suppliers' ownership of or rights with respect to the Product. The Product is protected by copyright and other intellectual property laws and by international treaties. All trademarks used in connection with the Product are owned by VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR, its affiliates or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder. Title and related rights in the Content are the property of the applicable content owners and are protected by applicable law. Licensee agrees that VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR may use in any manner and without limitation all recommendations, comments, suggestions, complaints and other feedback provided by him relating to the Product. 10. USE AND AVAILABILITY OF OPEN SOURCE CODE. Portions of the Product may use software components developed through various open source projects. The licenses and availability of source code for such components are specified in the copyright notice file delivered with this Product. 11. INDEMNIFICATION. Licensee agrees to indemnify, hold harmless, and at VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR's request, to defend VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR, its affiliates, and its licensors from any and all costs, damages and reasonable attorneys' fees resulting from any breach of this Agreement or claim that Licensee's use of the Product has injured or otherwise violated any right of any third party or violates any law. 12. LIMITED WARRANTY FOR INSIGHT TREE PROFESSIONAL EDITION SOFTWARE. Provided Licensee has paid the applicable license fees for the Professional Edition and is in compliance with the terms and conditions hereof, for sixty (60) days after the date of download of the INSIGHT TREE Professional Edition Software (the "Warranty Period"), VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR warrants that the unmodified Professional Edition, when properly installed and used, will substantially achieve the functionality described in the applicable Documentation. THIS LIMITED EXPRESS WARRANTY FOR THE PROFESSIONAL EDITION CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE PRODUCT. VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR AND ITS LICENSORS AND OTHER SUPPLIERS DO NOT MAKE, AND HEREBY EXCLUDE AND DISCLAIM, ALL OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PROFESSIONAL EDITION AND ANY UPDATES OR UPGRADES THERETO, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, AND SECURE, ERROR-FREE OR UNINTERRUPTED OPERATION. VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR AND ITS LICENSORS AND OTHER SUPPLIERS SHALL HAVE NO OBLIGATIONS UNDER THE WARRANTY PROVISIONS SET FORTH HEREIN IF LICENSEE ALTERS OR MODIFIES THE PROFESSIONAL EDITION; USES THE PROFESSIONAL EDITION ON A COMPUTER SYSTEM OR IN A MANNER NOT SPECIFIED BY VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR; OR LICENSEE VIOLATES THE TERMS OF THIS AGREEMENT. IN THE EVENT OF A BREACH OF THIS WARRANTY, AND IF LICENSEE PROVIDES VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR WITH A WRITTEN REPORT DURING THE WARRANTY PERIOD OF ANY ERRORS OR FAILURES, VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR WILL USE REASONABLE EFFORTS TO PROMPTLY CORRECT, REPLACE OR PROVIDE A WORK AROUND FOR SUCH ERROR OR FAILURE, AT NO CHARGE TO LICENSEE, OR AT VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR'S SOLE OPTION, PROVIDE A REFUND TO LICENSEE. THIS IS LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTIES HEREUNDER. NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; HOWEVER, THE EXCLUSIONS OF VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR'S WARRANTY IN THIS LIMITED WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 13. DISCLAIMER OF WARRANTY FOR THE INSIGHT TREE PRIVATE EDITION. THE PRIVATE EDITION IS PROVIDED WITH ALL FAULTS ON AN "AS IS" BASIS. VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE PRIVATE EDITION IS FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE FUNCTIONALITY OF THE PRIVATE EDITION WILL MEET LICENSEE'S REQUIREMENTS, OR THAT ERRORS IN THE PRIVATE EDITION WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE PRIVATE EDITION IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FURTHER, VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR, ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRIVATE EDITION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR OR A VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR AND ITS LICENSORS AND OTHER SUPPLIERS HAVE NO LIABILITY WITH RESPECT TO LICENSEE'S USE OF THE PRIVATE EDITION. LICENSEE BEARS THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE AND ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRIVATE EDITION PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR, OR THEIR RESPECTIVE PARENTS, AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE " VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR GROUP'S ENTIRE COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE MEDIA OR PROVISION OF A REASONABLY SIMILAR PRODUCT, AS DETERMINED AT VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR'S SOLE DISCRETION, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. ADDITIONALLY, THE VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR GROUP SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF: (i) CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH OR USED WITH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT; OR (ii) THE USE OF PLUG-INS OR SKINS DEVELOPED BY THIRD PARTIES AND MADE AVAILABLE ON VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR'S WEBSITE FOR USE WITH THE PRODUCT. 15. EXPORT CONTROLS. Licensee agrees to comply with all export and import laws and restrictions and regulations of any European Union, United States or foreign agency or authority, and not to export, re-export or import the Product or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. For example, Licensee may not export or re-export any commodities, software, or technical data received from VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR, or any direct product of such commodities, software or technical data, to any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the E.U. or U.S. Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-export of the Product from the E.U. 16. INJUNCTIVE RELIEF. Licensee acknowledges and agrees that, notwithstanding any other provisions of this Agreement, any breach or threatened breach of this Agreement by Licensee shall cause VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR irreparable damage for which recovery of money damages would be inadequate and that VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity. 17. U.S. GOVERNMENT END USERS. The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire the Product with only those rights set forth herein. 18. MISCELLANEOUS. (a) This Agreement constitutes the entire Agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of Germany, excluding its conflict of law provisions. (c) Licensee expressly agrees that jurisdiction for any claim or dispute relating to or arising out of this Agreement resides exclusively in the courts of Munich, Bavaria, Germany and expressly consents to the personal jurisdiction thereof. (d) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (e) If any provision in this Agreement should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect, or VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR may at its option instead terminate this Agreement. (f) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (g) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. VISIONARY TOOLS DANIEL & OLIVER LEHMANN GBR may assign this Agreement to any entity at its sole discretion. (h) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (i) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.