Common use of New Software Clause in Contracts

New Software. If Xenogen makes available to third parties any new software suitable for use with in vivo imaging (“New Software”), Xenogen shall make the New Software available to IRM and Permitted Users on terms and conditions at least as favorable as the terms and conditions agreed to by any commercial entity that has in place a Commercial Use License to the *** Confidential Treatment Requested Xenogen Monitoring Technology, for similar quantities of New Software within six (6) months of when the New Software becomes available to IRM and Permitted Users.

New Software. If Xenogen makes available to third parties any new ------------ software suitable for use with in vivo imaging (“"New Software”"), Xenogen shall make the New Software available to IRM and Permitted Users on terms and conditions at least as favorable as the terms and conditions agreed to by any commercial entity that has in place a Commercial Use License to the *** Confidential Treatment Requested * * CONFIDENTIAL TREATMENT REQUESTED Xenogen Monitoring Technology, for similar quantities of New Software within six (6) months of when the New Software becomes available to IRM and Permitted Users.

New Software. If Xenogen makes available to third parties any new software suitable for use with in vivo imaging (“New Software”), Xenogen shall make the New Software available to IRM and Permitted Users on terms and conditions at least as favorable as the terms and conditions agreed to by any commercial entity that has in place a Commercial Use License to the *** Confidential Treatment Requested * * CONFIDENTIAL TREATMENT GRANTED Xenogen Monitoring Technology, for similar quantities of New Software within six (6) months of when the New Software becomes available to IRM and Permitted Users.