Common use of Software, Etc Clause in Contracts

Software, Etc. Escrow. Promptly after the Effective Date, JetFax ---------------------- shall place with an independent third party escrow agent acceptable to Xerox one complete set, under seal, of source code, object code and supporting documentation for any and all Software, ASICS, FPGAS, and any other programmable devices (including their schematic capture and VHDL files, their ACTEL files, test patterns and test parameters and timing diagrams, to the extent available to JetFax, used to confirm the design) included in the JetFax Deliverables (the "Escrowed Materials"). The Escrowed Materials shall be retained in strict confidence by the chosen escrow agent under the terms of the escrow agreement (which escrow agreement shall be mutually acceptable to both JetFax and Xerox and consistent