definiens: shall mean any and all Third Party(ies ) to which [COMPANY] grants any right to research, develop, make, use, sell, offer for sale or import Royalty - Bearing Products in accordance with Section 3.3 hereof . Solely for purposes of computation of royalties payable to Infinity under Section 4.5 of this Agreement, a Third Party(ies ) who is granted only the right to sell a Royalty - Bearing Product ( such as a wholesaler, distributor, contract sales force or other person providing products directly to patients in a home health care setting, as long as [COMPANY], its Affiliate or Sublicensee records the sales of such Royalty - Bearing Product upon transfer to such Third Party ) or to use a Royalty - Bearing Product ( such as a customer receiving an implied license as a consequence of purchase ) shall not be considered a Sublicensee(s )