Common use of Advertising Claims Clause in Contracts

Advertising Claims. The accuracy and appropriateness of all claims used in Creative's advertising or promotional materials which includes the Licensor Marks is the sole responsibility of Creative, even if Licensor is aware of the advertisement or promotional materials. viii CONFIDENTIAL EXHIBIT E ESCROW AGREEMENT ---------------- Account Number_________________ This Escrow Agreement ("ESCROW AGREEMENT") is effective as of_________________ 1996, among Data Securities International, Inc. ("DSI"), NetSpeak, Corp.("DEPOSITOR"), and Creative Technology, Ltd. ("PREFERRED BENEFICIARY"), which may collectively be referred to in this Escrow Agreement as "THE PARTIES". A. Depositor and Preferred Beneficiary have entered or will enter into a Technology License and Development Agreement (referred to in this Escrow Agreement as the "LICENSE AGREEMENT") regarding certain proprietary technology of Depositor, including Source Code (as defined in the License Agreement) and related Documentation (as defined in the License Agreement) of Depositor (collectively, the "PROPRIETARY TECHNOLOGY"). B. Depositor desires to avoid access to its Proprietary Technology except under certain limited circumstances. C. The availability of the Depositor's Proprietary Technology is critical to Preferred Beneficiary in the conduct of its business and, therefore, Preferred Beneficiary needs access to the Proprietary Technology under certain limited circumstances. D. Depositor and Preferred Beneficiary desire to establish an escrow with DSI to provide for the retention, administration and controlled access of the Proprietary Technology materials of Depositor. E. The parties desire this Escrow Agreement to be supplementary to the License Agreement pursuant to 11 United States [Bankruptcy] Code, Section 365(n).