definiens: has the meaning attributed to that term in Section 7.1 ; means products which are designed and indicated solely for the prevention, protection and/or treatment of minor dermal bums, wounds or conditions and which are intended for self medication or use without advice from a health care professional . For the avoidance of doubt, this does not exclude such products from being used, applied or recommended by or marketed to such health care professionals ; means, with respect to the manufacture and supply of a particular Product, the Unit Price thereof paid by S & N to Nucryst under the Supply Agreement ; means a distribution royalty equal to seven and one half percent ( 7.5 % ) of Net Sales of such Product ; 1.1.16 1.1.17 4 shall mean the 1st day of January, 2007 ; means all : 1.1.17.1 orthopedic uses, such as pennanent, temporary or transcutaneous implants ; 1.1.17.2 veterinary uses ; 1.1.17.3 dennatological uses, such as for acne, eczema, impetigo, folliculitis, psoriasis, skin cancer, warts, shingles, minor sunburn, oral herpes, genital herpes, athlete 's foot, jock itch, diaper rash, scalp care ( dandruff ), infections of nail beds, contact dennatitis, pyodenna, rosacea and dry / chapped skin but not including Toxic Epidern1al Necrolysis Syndrome ( TENS ), Epidennolysis Bullosa ( EB ), Stevens - Johnston Syndrome which are specifically included in the Field ; 1.1.17.4 non - dennal ophthalmology uses, such as eye drops, ointments, creams, and specially designed dressings ; 1.1.17.5 pediatric uses, such as diaper rash, otitis media, external otitis, impetigo and thrush ; 1 . L 17.6 oral and dental uses, such as mUCOSItIs, periodontal disease, gingivitis, bad breath, sore throats, tooth infections and thrush ; 1.1.17.7 non - dennal ear, nose and throat uses, such as external otitis, otitis media, sore throat, nasal packing, sinusitis, gargles, rinses and spray ; 1.1.17.8 surgical supply uses, such as for gowns, non - adhesive drapes, masks, casting materials, fluid collecting devices, sterilization solutions ; 1.1.17.9 personal hygiene uses, such as lubricating gels, tampons / pads and for vaginal infections ; 1.1.17.10 ostomy and incontinence uses, such as peristomal skin protection, pouch, odor control, diapers and pads, and catheters and bags / bottles ; 1 . 1 . 1 7.11 coated medical device uses, such as imp lants ( pennanent, temporary and transcutaneous ), catheters and dressings designed specifically for use around non - vascular catheters, trocars / vent tubes and other transcutaneous devices, surgical meshes, sutures, staples, heart valves, shunts and stents ; and l. US 1.1.19 1.1.20 l.1.21 1 . 1.22 1.1.23 1.1.24 1.1.25 1.1.26 5 1.1.17.12 respiratory uses such as pneumonia, bronchitis and sinusitis ; means, collectively, the Acticoat Product, the Acticoat 7 Product, the Acticoat Absorbent Product, the Acticoat Moisture Control Dressing Product, the Acticoat Polyurethane Films, the Acticoat Site Dressing Product and the Acticoat Post - OP Product ; means the United States Food and Drug Administration, or any successor organization ; means the use of Nucryst 's nanocrystalline silver antimicrobial coating technology and/or Nucryst 's nanocrystalline silver antimicrobial powder technology in wound care and burn products solely for use in the prevention, protection and/or treatment of non - minor dermal wounds or burns on humans including, for greater certainty, Toxic Epidennal Necrolysis Syndrome ( TENS ), Epidennolysis Bullosa ( EB ), Stevens - Johnston Syndrome and dressings designed specifically for use arollnd vascular catheters, but excluding for greater certainty ( and without limiting the generality of the foregoing ) Consumer First Aid Products and any Excluded Uses ; has the meaning as set out in Section 13.1 ; means, as applicable, Canadian, United States or United Kingdom, generally accepted accounting principles consistently applied ; means, with respect to a particular Product during a particular calendar quarter, the aggregate dollar amount of the Net Sales for such Product during such calendar quarter minus the Cost of Goods applicable to such Product Sold during such calendar quarter, expressed as a percentage of the aggregate dollar amount of the Net Sales for such Product during such calendar quarter ; has the meaning attributed to that ternl in Section S.l ; means any and all patents, trade marks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of infornlation, rights in confidential infonnation, trade secrets, inventions, know - how, trade and business names, domain names, get - ups, logos and trade dress ( including all extensions, revivals, renewals, where relevant ) in each case whether registered or unregistered and applications for any of them and the goodwill attaching to any of them and any rights or fonns of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world ; means that certain agreement entered into between Nucryst Pharnlaceuticals Corp. ( fonnerly Westaim Biomedical Corp. ) and Century Medical Inc., dated October 20, 2000 ; 6 1.1 has the meaning attributed to that tem1 in Section 8.1 ; 1.1.28 1.1.29 1.1.30 1.1.31 1.1.32 1.1.33 1.1.34 has the meaning attributed to that ten11 in Section 11 ; means that certain agreement entered into between Nucryst Phannaceuticals Corp. ( fOlmerly Westaim Biomedical Corp. ) and Biomedics Korea Co. Ltd. dated September 15, 2000 ; means the World Wide Acticoat Trade - mark Registrations and the World Wide Acticoat Trade - mark Rights ; shall mean, with respect to a particular Product in the Field in a particular country in the TelTitory, the approval from the applicable Regulatory Authority required for the Sale of such Product in the Field in such country ; has the meaning attributed to that tenn in Section 5.1 ; means the trade - marks that Nucryst develops to identify a Product that contains its nanocrystalline silver antimicrobial coating technology ; means, with respect to a particular Product in the Territory, the sum of the gross amounts invoiced for all Sales by S&N and its Affiliates ( including Sales to their respective licensees and distributors ) of such Product to end - users, less the following deductions from such amounts invoiced which are actually and properly inculTed in accordance with GAAP : 1.1.34.1 credits or allowances actually granted for damaged Product, retums or rejections of Product ; 1.1.34.2 nOn11al and customary trade, cash and quantity discounts, allowances and credits actually allowed ; 1.1.34.3 sales, value added or similar taxes measured by the billing amount, when included in billing ; 1.1.34.4 freight, postage, shipping, and insurance charges related to delivery of Product measured by the billing amount, when included in billing ; and 1.1.34.5 import and export duties actually paid