definiens: means all data, know - how and other information that is notgenerally known, is Controlled by Seller or its Affiliates, and : ( a ) as of the Execution Date is actually used by or on behalf of Seller to Exploit theProduct and Other Products in the Buyer Territory or for the Manufacture of the Product and Other Products for sale in theBuyer Territory, is not a Purchased Asset, and which is identified on Schedule 1.1.82 ; or ( b ) after the Execution Date is actually used by or on behalf of Seller to Exploit theProduct and Other Products in the Buyer Territory or for the Manufacture of the Product and Other Products for sale in theBuyer Territory ; provided, that if such data, information or know - how becomes publicly disclosed ( other than as aresult of any disclosure by Buyer in breach of its obligations under Section 5.4 or any other provision of this Agreement orany Ancillary Agreement ), such data, information or know - how shall no longer be deemed Licensed Know - How