definiens: shall mean a non - Affiliate third party to whom CG or JT has granted the right in its territory ( i.e., JT in East Asia and CG outside of East Asia ) under the JT Technology andlor CG Technology to make, use and sell a Collaboration Product, with respect to Collaboration Products made and sold by such third party . As used in this Agreement, shall also include a non - Affiliate third party to whom CG or JT has granted the right to distribute such Collaboration Product, provided that such third party is responsible for the marketing and promotion of such Collaboration Products within the applicable territory . As used herein, shall mean the foregoing rights which are granted to a Marketing Distributor and shall mean an agreement under which Marketing Rights are granted to a Marketing Distributor ; provided that neither the definitions of nor this Section 1.38 shall be deemed to limit the scope of rights or sublicenses that may be granted by the parties under Article 13 below . For purposes of this Agreement, CG and JT shall not be deemed Marketing Distributors of the other