Insight Tree 3.0.1

EULA - End User License Agreement

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.