Common use of Intel Clause in Contracts

Intel. Intel, on behalf of itself and its Subsidiaries, hereby ----- releases, acquits and forever discharges Numerical, its Subsidiaries that are Subsidiaries as of the Effective Date or become Subsidiaries during the term of this Agreement, and its and their distributors and customers, direct and indirect, from any and all claims or liability for infringement (direct, induced, indirect or contributory) of any Intel Patents that arise prior to the expiration of this Agreement, to the extent such infringement would have INTEL/NUMERICAL CONFIDENTIAL been licensed under the license granted to Numerical hereunder if such license had been in existence at the time of such infringing activity. Intel, on behalf of itself and its Subsidiaries, further hereby releases, acquits and forever discharges Numerical, its Subsidiaries that are Subsidiaries as of the Effective Date from any and all claims of trade secret misappropriation.

Intel. Intel, on behalf of itself and its Subsidiaries, hereby ----- releases, acquits and forever discharges Numerical, its Subsidiaries that are Subsidiaries as of the Effective Date or become Subsidiaries during the term of this Agreement, and its and their distributors and customers, direct and indirect, from any and all claims or liability for infringement (direct, induced, indirect or contributory) of any Intel Patents that arise prior to the expiration of this Agreement, to the extent such infringement would have 6 <PAGE> INTEL/NUMERICAL CONFIDENTIAL been licensed under the license granted to Numerical hereunder if such license had been in existence at the time of such infringing activity. Intel, on behalf of itself and its Subsidiaries, further hereby releases, acquits and forever discharges Numerical, its Subsidiaries that are Subsidiaries as of the Effective Date from any and all claims of trade secret misappropriation.