definiens: shall mean any non - affiliated third party to whom LICENSEE has granted a SUBLICENSE . SUBLICENSEE shall also mean any non - affiliated third party to whom a SUBLICENSEE has granted a SUBLICENSE . shall mean an agreement in which LICENSEE or SUBLICENSEE ( i ) grants any of the rights licensed to LICENSEE hereunder, or ( ii ) agrees not to assert such rights or to sue, prevent or seek a legal remedy for the practice of any of the rights licensed to LICENSEE hereunder . Notwithstanding the foregoing, a SUBLICENSEE shall not mean a successor entity or an entity that acquires all or substantially all of the stock, business or assets of LICENSEE, or all or substantially all of the stock, business or assets of LICENSEE that relate to the LICENSED TECHNOLOGY or LICENSED PATENT RIGHTS, whether by acquisition, merger, sale of stock, sale of assets or otherwise