definiens: shall mean any thermostabl e polymerase that is not derived from Thermus aquaricus and that is not with in TAQ PATENT RIGHTS, developed, purchased, or licensed by SCS from a thi rd party, which enzyme may be used in or with the PCR PROCESS . An enzyme shall no t be included in this definition if SCS demonstrates to ROCHE 's satisfact ion that said enzyme is in fact used predominantly for other than AMPLIFICATIO N PATENT RIGHTS . For example, an enzyme that is marketed in a formulation that re nders the enzyme unsuitable for, or is otherwise chemically or structurally ren dered unsuitable for, use in PCR will reasonably be considered not to be an SCS Enzyme unless ROCHE or SCS becomes aware that said enzyme is in fact used pred ominantly in PCR . Unless excluded as provided herein, all sales of said SCS ENZYMES are assumed to be for use in AMPLIFICATION PATENT RIGHTS