definiens: means all materials, trade secrets, confidential scientific, technical and medical information, experimental results and expertise from time to time developed, produced, created o r acquired by or on behalf of [COMPANY] either prior to the Effective Date and pertaining to the Program or during the term and in the course of carrying out the Program, including, but not limited to, unpatented inventions, discoveries, theories, plans, i deas or designs ( whether or not reduced to practice ) relating to the research and development, registration for marketing, use, or sale of the Carriers, or products utilizing the Carriers, preclinical toxicology and manufacturing for the Carriers, and toxicological, pharmacological, analytical and clinical data, bioavailability studies and formulations, control assays and specification, methods of preparation, tableting techniques, salt and other physical forms, and stability data related thereto . To the ex tent that any of the items listed above are acquired by [COMPANY], they shall only fall within the definition of Know -How hereunder to the extent to which there are no obligations or restrictions in respect of such items that would prohibit disclosure by E misphere or free use by [COMPANY]