definiens: means any and all know how, information, data ( including, without limitation, pre - clinical data, toxicology information and clinical trial data ), documents, materials, and software ( including, but not limited to, customer and marketing information, technicalinformation, regulatory information, clinical information, processes, procedures, methods, formulae, protocols, and techniques relating to Product for the Cosmetic Indications ( including, withoutlimitation, Product Improvements and Enhancements ), which exists as of the First Amendment Date orduring the Term and is Controlled by [COMPANY] or its Affiliates . For the avoidance of doubt, [COMPANY] Know - How will in no way include or be deemed to include any computer software or IT platforms underlicense from Third Parties and/or developed by or on behalf of [COMPANY] for [COMPANY] ’s own use with respectto Product for the Cosmetic Indications