definiens: means any unpublished information, results, data, discoveries, practices, processes, materials, including chemical and biological materials, studies, procedures, technology, documentation and other know - how that(i ) is / are owned or controlled by University prior to or during the term of this Agreement, and ( ii ) is / are not covered bythe Patent Rights but is / are necessary or useful for exploitation or practice of the Patent Rights ( including for thedevelopment, manufacture, use or sale of any service, composition, product or process that is covered by any claimsof the Patent Rights ) . For the sake of clarity, Know - How does not include any unpublished information, results, data, discoveries, practices, processes, materials, including chemical and biological materials, studies, procedures, technology, documentation and other know - how that is / are incorporated into any United States, foreign or internationalpatents and/or patent applications not listed in Appendix A except to the extent such unpublished information, results, data, discoveries, practices, processes, materials, including chemical and biological materials, studies, procedures, technology, documentation and other know - how was / were in existence as of the Effective Date or are necessary forexploitation or practice of the Patent Rights ( including for the development, manufacture, use or sale of any service, composition, product or process that is covered by any claims of the Patent Rights )