Common use of Right to Use Following Release Clause in Contracts

Right to Use Following Release. Unless otherwise provided in the License Agreement, upon release of the Deposit Materials in accordance with this Section 4, Preferred Beneficiary shall have the right to use the Deposit Materials for (i) a period not to exceed [**] months (the "Release Period"), and (ii) the sole purpose of continuing Preferred Beneficiary's use of the Licensed Technology as permitted by the License Agreement, provided that Preferred Beneficiary shall have the right to modify the source code of Deposit Materials comprising software only to the extent necessary to create Bug Fixes (as defined in the License Agreement). The parties agree that (a) Depositor shall own any and all modifications to, and derivative works based on, such Deposit Materials, including any Bug Fixes created by Preferred Beneficiary ("Escrow Bug Fixes"), (b) Preferred Beneficiary shall have a right to use the same during the term of the License Agreement, and (c) neither Depositor nor Preferred Beneficiary may charge the other party any fees or royalties relating to any such Escrow Bug Fixes or the use thereof. Preferred Beneficiary shall be obligated to maintain the confidentiality of the released Deposit Materials as provided in the License Agreement.