definiens: means the Smart Cycler ® I and II Systems instruments manufactured and sold by [COMPANY] that are used to perform Real Time PCR ( and that include a computer ), the Smart Cycler Reaction Tubes to be used with such Smart Cycler Systems, the [COMPANY] Smart Cycle r Software ( and any improvements and upgrades thereof ) when sold in conjunction with the sale by GeneOhm of a Smart Cycler I or II System, and any new generation of the Smart Cycler Instruments, which instruments do not include integrated sample preparatio n. ( Software upgrades and Smart Cycler add on blocks offered by [COMPANY] to its then existing Smart Cycler customers to be used with those customers ’ already purchased Smart Cycler Instruments, i.e. aftermarket software upgrades and aftermarket add ons, sha ll also be available for sale by GeneOhm to upgrade each Smart Cycler instrument sold by GeneOhm that has not been provided with such software or block originally, provided that with respect to upgrades that they are relevant to the Nonexclusive Distributi on Right in Paragraph 2.1.1 . ) 2