definiens: means, as the following relates to the DM Portfolio Productsand solely to the extent owned or controlled by [COMPANY], all intellectual property rights arising from orassociated with the following, whether protected, created or arising under the laws of the United States orany other jurisdiction : ( i ) trade names, trademarks and service marks ( registered and unregistered ), domainnames and other Internet addresses or identifiers, trade dress and similar rights, and applications ( includingintent to use applications and similar reservations of marks and all goodwill associated therewith ) to registerany of the foregoing ( collectively, ) ; ( ii ) Patents ; ( iii ) trade secrets, know - how, inventions, methods, processes and processing instructions, technical data, specifications, research and development information, technology including rights and licenses, product roadmaps, customer lists and any other information, ineach case to the extent any of the foregoing derives economic value ( actual or potential ) from not beinggenerally known to other persons who can obtain economic value from its disclosure or use, excluding anyPatents that may cover or protect any of the foregoing ( collectively, ) ; and ( iv ) moral rights, publicity rights, data base rights and any other proprietary or intellectual property rights of any kind ornature that do not comprise or are not protected by Marks, Patents or Trade Secrets