definiens: shall mean an Array Maker designed, manufactured, or sold to ( and only to ) not - for - profit research institutions, specifically including unlversity and government research institutions, ( without right of subsequ ~ nt transfer ) for lower - throughput and lower density research purposes than Array Makers otherwise licensed hereunder . Research Market Array Makers shall not be available for sale or transfer to third parties before [ January 1, 1999 ] . Research Market Array Makers shall be subject to the terms and conditions herein relating to Array Makers exc ~ pt that a ) such Research Market Array Makers shall be adapted to make Nucleic Acid Arrays not be configured to fabricate Nucleic Acid Arrays having more than [ 1600 ] genes per array and not more than [ 400 ] array elements per square centimeter, and b ) shall be subject to the lower royalty provisions of Section 5.9 herein