definiens: means the business of the Company as currently conducted by the Company ; ( ii ) means the Intellectual Property Assets owned by the Company or used in the Business, including the Company Patents, Company Marks, Company Copyrights and Company Trade Secrets;27 ( iii ) means any and all of the following, as they exist throughout the world : ( A ) patents, patent applications(collectively, ) ; ( B ) rights in registered and unregistered trademarks and registrations and applications and rights therein for registration ofany of the foregoing ( collectively, ) ; ( C ) copyrights in both published and unpublished works, including without limitation all compilations, databases and computer programs, manuals and other documentation and all copyright registrations and applications, and all rights in, and derivatives, translations, adaptations and combinations of the above ( collectively, ) ; ( D ) rights in know - how, trade secrets, confidential or proprietaryinformation, research in progress, algorithms, data, designs, processes, formulae, drawings, schematics, blueprints, flow charts, models, strategies, prototypes, techniques, source code, source code documentation, Beta testing procedures and Beta testing results ( collectively, )