definiens: means any corporation or non - corporate entity that controls, is controlled by, or is under common controlwith a Party to this agreement . A corporation or non - corporate entity is to be regarded as in control of a corporation if itowns, or directly or indirectly controls, at least fifty percent ( 50 % ) of the voting stock of the other corporation, or ( i ) inthe absence of the ownership of at least fifty percent ( 50 % ) of the voting stock of a corporation or ( ii ) in the case of anon - corporate business entity, or non - profit corporation, if it possesses, directly or indirectly, the power to direct or causethe direction of the management and policies of such corporation or non - corporate entity, as applicable . For purposes ofthis Agreement, an entity can be either an Affiliate or a Sublicensee, but not both . If an entity meets the definition of it shall be treated herein as an Affiliate for all purposes, even if it has also entered into a Sublicense