definiens: means, with respect to any Licensed Product, the first sale by 4 - AB or one of its Affiliates to a Third Party of such Licensed Product in a country in the Territory after theapplicable Marketing Approval of such Licensed Product has been obtained in such country . Foravoidance of doubt, the following would not constitute a First Commercial Sale : ( a ) the sale of a LicensedProduct by 4 - AB or one of its Affiliates to another Affiliate ; ( b ) the disposal or use of a Licensed Product inclinical trials, as free samples, or under a compassionate use or patient assistance program ; ( c ) thedisposal or use a Licensed Product in a named patient or test marketing program or in non - registrationalstudies or other similar programs or studies ; ( d ) the donation of Licensed Product by 4 - AB or one of itsAffiliates to non - profit institutions or government agencies for a non - commercial purpose ; ( e ) any freeLicensed Product that is supplied to a Third Party in conjunction with the offer for sale, or sale of any otherproduct ( in an amount customary in the industry ) ; ( f ) the use of a Licensed Product for research anddevelopment purposes ; or ( g ) sales made to a distributor until such time as 4 - AB or one of its Affiliatesrecognizes the revenue for such transfers pursuant to Accounting Standards