Common use of Tools and Utilities Clause in Contracts

Tools and Utilities. Peritus shall, without additional ------------------- charge, provide Bull (solely for internal use, by or for Bull, in Bull's and other Group Bull companies' business and not for disclosure, transfer or licensing by Bull or such companies to third parties) with copies of all tools and utilities, and all modifications, enhancements and improvements with respect thereto, which Peritus develops during the term of this Agreement for the purpose of developing and testing Corrections to Assigned Components; PROVIDED, HOWEVER, THAT THE PARTIES UNDERSTAND AND AGREE THAT SUCH TOOLS AND UTILITIES SHALL BE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In those cases where such tools and utilities are used by third parties for the benefit of Bull or other Group Bull companies, such third parties shall have entered into a confidentiality agreement consistent with the provisions of subsection 8.(b) of this Agreement. The rights and obligations under this subsection shall survive any termination or expiration of this Agreement. Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote such omissions.