definiens: means NanoString ’s multiplex analysis syst em known as nCounter ® FLEX Analysis System, or any other substantially similar system developed by or for NanoString or its Affiliates, including any such improved, modified or next generation version of su ch nCounter ® FLEX Analysis System and the diagnosti c - only version of the nCounter ® FLEX Analysis System, but excluding ( for the sake of clarity ) the GeoMx ™ Digital Spatial Profiler, and Hyb & Seq ™ technology ( new cyclic nucleic acid hybridization chemistry f or sequencing and counting applications ) . System shall also exclude any system or Technology owned or Controlled by an acquirer ( or any of its Affiliates other than NanoString ) of all or substantially all of the assets or business of NanoString related to this Agreement as of the date of such acquisition or developed by or on behalf of such acquirer ( or any of its Affiliates other th an NanoString ) after the date of such acquisition w ithout use of or reference to Intellectual Property Rights or con fidential Technology owned or Controlled by NanoStr ing immediately prior to such acquisition, except in -10- each case to the extent incorporated by NanoString or its Affiliates into the System commercialized by NanoString or its Affiliates