definiens: means the end -user patien t to which the Distributor sells the Products ; 1.1.2 means October 12, 2009, being the date upon which this Agreement is deemed to commence ; 1.1.3 means any rights with respect to any intellectual property including but not limited to rights with respect to or under or pursuant to any patents, trademarks, copyrights, know -how and trade secrets ; 1.1.4 means freight on board the place from which the Company ships the Products to the Distributor ; 1.1.5 means the Price identified in Schedule 1, as amended from time to time in accordance with Section 2.2, below ; 1.1.6 means the Products identified in Schedule 1, as amended from time to time in accordance with Section 2.2, below ; and 1.1.7 means United States of America