Common use of IBM will Clause in Contracts

IBM will. a) use Escrowed Works solely as permitted under the NLA; b) own any Derivative Works of Escrowed Works that it creates, subject to NetObjects' rights in the underlying work; c) pay NetObjects the royalties specified in the NLA to maintain its rights to the Licensed Works; and d) treat Escrowed Works according to the AECI. In addition to the confidentiality obligations set forth in the AECI, IBM agrees that for a period of ten (10) years from the date of receipt of Licensed Work Source Code: i) to only make available the Licensed Work Source Code to IBM's employees, its agents, subsidiaries and subcontractors on a "need to know basis"; and ii) to only use Source Code in accordance with the terms of the NLA, and not to disclose it to others except as set forth herein. IBM shall protect the Source Code using at least the same degree of care as it uses to protect its own Source Code of a like nature, and in no event less than reasonable care.