Common use of Right to Use Following Release Clause in Contracts

Right to Use Following Release. Unless otherwise provided in the ------------------------------ Procurement Agreement, upon release of the Deposit Materials in accordance with this Article 4, Preferred Beneficiary will have the non-exclusive, non- transferable, right to use the Deposit Materials for the sole purpose of continuing the benefits afforded to Preferred Beneficiary by the Procurement Agreement. Preferred Beneficiary will be obligated to maintain the strict confidentiality of the released Deposit Materials, including maintaining such Deposit Materials in a single, access restricted, and locked location. Preferred Beneficiary will provide access to the released Deposit Materials to only those of its personnel who require such access for supporting Customer's use of the Products sold or licensed to Customer under the Procurement Agreement and Customer will maintain a written list of such personnel. Without limiting the foregoing, the Deposit Materials will also be protected as Corvis' Proprietary Materials under Article 15 of the Procurement Agreement. Receipt by Preferred Beneficiary of the Deposit Materials pursuant to this Article 4 does not in any way convey title or ownership of the Depositor products or the intellectual property rights embodied in the products. Preferred Beneficiary may subcontract to third parties maintenance and support work permitted under this Section 4.5; provided all such third parties enter into a written agreement containing terms equivalent to those contained in the Procurement Agreement regarding Depositor's confidential information and preservation of Depositor's proprietary rights. Preferred Beneficiary will provide signed copies of all such agreements to Depositor before providing any such party with access to the Deposit Materials.

Right to Use Following Release. Unless otherwise provided in the ------------------------------ Procurement Agreement, upon release of the Deposit Materials in accordance with this Article 4, Preferred Beneficiary will have the non-exclusive, non- transferable, right to use the Deposit Materials for the sole purpose of continuing the benefits afforded to Preferred Beneficiary by the Procurement Agreement. Preferred Beneficiary will be obligated to maintain the strict confidentiality of the released Deposit Materials, including maintaining such Deposit Materials in a single, access restricted, and locked location. Preferred Beneficiary will provide access to the released Deposit Materials to only those of its personnel who require such access for supporting CustomerQwest's use of the Products sold or licensed to Customer Qwest under the Procurement Agreement and Customer Qwest will maintain a written list of such personnel. Without limiting the foregoing, the Deposit Materials will also be protected as Corvis' Proprietary Materials under Article 15 of the Procurement Agreement. Receipt by Preferred Beneficiary of the Deposit Materials pursuant to this Article 4 does not in any way convey title or ownership of the Depositor products or the intellectual property rights embodied in the products. Preferred Beneficiary may subcontract to third parties maintenance and support work permitted under this Section 4.5; provided all such third parties enter into a written agreement containing terms equivalent to those contained in the Procurement Agreement regarding Depositor's confidential information and preservation of Depositor's proprietary rights. Preferred Beneficiary will upon request of Corvis, provide to Corvis signed copies of all such agreements to Depositor before providing any such party with access to the Deposit MaterialsDepositor.

Right to Use Following Release. Unless otherwise provided in the ------------------------------ Procurement License Agreement, upon release of the Deposit Materials in accordance with this Article 4, Preferred Beneficiary will shall have the non-exclusive, non- transferable, right to use the Deposit Materials internally for the sole purpose of continuing the benefits afforded to Preferred Beneficiary by the Procurement License Agreement. Preferred Beneficiary will shall be obligated to maintain the strict confidentiality of the released Deposit Materials, including maintaining such Deposit Materials in a single, access restricted, and locked location. Preferred Beneficiary will provide access to acknowledges and agrees that the released Deposit Materials furnished to only those of its personnel who require such access Preferred Beneficiary are for supporting Customer's the sole and exclusive use of the Products sold Preferred Beneficiary, and not for sale, sublicense, transfer or licensed disclosure to Customer under third parties. In the Procurement Agreement and Customer will maintain a written list of such personnel. Without limiting the foregoing, the Deposit Materials will also be protected as Corvis' Proprietary Materials under Article 15 of the Procurement Agreement. Receipt by event that Preferred Beneficiary of obtains the Deposit Materials pursuant to this Article 4 does not in any way convey title or ownership of the Depositor products or the intellectual property rights embodied in the products. terms hereof, Preferred Beneficiary may subcontract agrees that it will not (a) publish, disclose or otherwise divulge the Deposit Materials to third parties maintenance and support work permitted under this Section 4.5; provided all such third parties enter into a written agreement containing terms equivalent to those contained in the Procurement Agreement regarding Depositor's confidential information and preservation any person, except officers or employees of Depositor's proprietary rights. Preferred Beneficiary will provide signed copies of all such who have entered into commercially reasonable non-disclosure agreements to Depositor before providing any such party with and need access to the Deposit Materials to perform their duties nor (b) permit its officers or employees to so divulge any Deposit Materials, without the prior written consent of an officer of Depositor. Preferred Beneficiary shall be liable to Depositor for all damages resulting from any unauthorized use or disclosure of the Deposit Materials following release thereof by DSI hereunder.

Right to Use Following Release. Unless otherwise provided in the ------------------------------ Procurement Agreement, upon release of the Deposit Materials in accordance with this Article 4, Preferred Beneficiary will have the non-exclusive, non- transferable, right to use the Deposit Materials for the sole purpose of continuing the benefits afforded to Preferred Beneficiary by the Procurement Agreement. Preferred Beneficiary will be obligated to maintain the strict confidentiality of the released Deposit Materials, including maintaining such Deposit Materials in a single, access restricted, and locked location. Preferred Beneficiary will provide access to the released Deposit Materials to only those of its personnel who require such access for supporting Customer's use of the Products sold or licensed to Customer under the Procurement Agreement Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. and Customer will maintain a written list of such personnel. Without limiting the foregoing, the Deposit Materials will also be protected as Corvis' Proprietary Materials under Article 15 of the Procurement Agreement. Receipt by Preferred Beneficiary of the Deposit Materials pursuant to this Article 4 does not in any way convey title or ownership of the Depositor products or the intellectual property rights embodied in the products. Preferred Beneficiary may subcontract to third parties maintenance and support work permitted under this Section 4.5; provided all such third parties enter into a written agreement containing terms equivalent to those contained in the Procurement Agreement regarding Depositor's confidential information and preservation of Depositor's proprietary rights. Preferred Beneficiary will provide signed copies of all such agreements to Depositor before providing any such party with access to the Deposit Materials.