definiens: means ( a ) any product made, made for, used, sold or imported by Licensee and/or Sublicensee that ( i ) in the absence of this Agreement would infringe at least one Valid Claim, or ( ii ) uses a process covel'ed by a Valid Claim, and/or ( b ) any product made, and/or method or process used, in whole or in part, using or otherwise derived from Technical Information and/or Tangible Research Property ., with the provisio that no product shall be construed a ! ! Licensed Product " pursuant to ( a)(i ) or ( a)(ii ) of this section which would not infringe any claim of a Patent Rights patent application pending in the United States as of October 15, 2012, or any claim of an issued, unexpired, valid and enforceable Patent Rights patent, in either the country of the product 's manufacture or sale or ( 3)does not contain nicotinamide adenine dinucleotide ( NAD ) or its precursor NADH, an intermediate of a de novo pathway for synthesizing NAD, an intermediate of a NAD salvage pathway, an intermediate of a nicotinamide riboside kinase pathway, or a combination thereof, such ingredients including but not limited to nicotinamide mononucleotide, nicotinic acid mononucleotide, and nicotinamide riboside . Licensed Service " means ( a ) any service performed by Licensee and/or Sublicensee that ( i ) in the absence of this Agreement would infringe at least one Valid Claim, or ( ii ) uses a process covered by a Valid Claim, and/or ( b ) service perfonned by Licensee that uses 01 ' is otherwise derived from Technical Information and/or Tangible Research Propeliy