definiens: shall be defined as meaning products, goods or services : ( i ) that are covered or claimed by, or the manufacture or use of which is covered or claimed by, aValid Claim in a patent filed with respect to a Licensee Owned Improvement ; and/or 12 ( ii ) that incorporate or are based upon any material aspect of a Licensee Owned Improvement providedthat such products, goods or services are not also covered or claimed by a Patent or LicensedPatent ; ( c ) if any Net Revenue may be categorized as arising from one or more of the fields of use listed in Articles5.1(a ) through ( f ) above, then the royalty rate applicable to such Net Revenue shall be the one that is mostfavourable to UBC ; for clarity, Licensee shall pay UBC royalties under Article 5.1 based on sales of aparticular Product or Licensee Owned Improvement Product on a country by country basis at only oneroyalty rate, as determined under one of the subsections in Article 5.1 above ( and no more than one rate withrespect to sales in any single country ) ; ( d ) shall be defined as meaning a claim in a pending, issued or granted Patent or ImprovementPatent that, at the time of sale of the applicable Product or Licensee Owned Improvement Product : ( i ) has not expired, lapsed, been cancelled or become abandoned ; ( ii ) has not been admitted to be invalid through reissue or disclaimer or otherwise ; or ( iii ) has not been finally found to be invalid ( or not valid ) or unenforceable by an unreversed orunappealable final decision or judgment of a court or other authority or agency of competentjurisdiction