definiens: shall mean net sales as defined by United States Generally Accepted Accounting Principles ( U.S GAAP ), namely, the total dollar amount invoiced on sales of LICENSED TECHNOLOGY by LICENSEE and SUBLICENSEE(s ), less the deduction of returns, allowances for damaged or missing goods, and any discount customary in the trade and actually allowed . For avoidance of double, NETSALES shall not include the gross invoice price for LICENSED TECHNOLOGIES used by, sold to, or leased to, any AFFILIATE orSUBLICENSEE unless such AFFILIATE or SUBLICENSEE is the final customer of such LICENSED TECHNOLOGIES, in which case suchNET SALES shall be calculated using the average gross invoice price charged to third parties who are not AFFILIATES or SUBLICENSEESduring the same quarter . For the avoidance of doubt, any COMPASSIONATE USES, whether the result of a sale or not, shall not constituteand shall not be considered NET SALES