definiens: or means, with respect to any Know - How or Patent, the possession ( whether by ownership, license or sublicense, other than by a license, sublicense or other right granted ( but n ot assignment ) pursuant to this Agreement ) by a Party ( or its Affiliate ) of 4 [ * * * ] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED . ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXC HANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER T HE SECURITIES ACT OF 1933, AS AMENDED the ability to assign or grant to the other Party t he licenses, sublicenses or rights to access and us e such Know - How or Patent as provided for in this Agreement, wi thout violating the terms of any agreement or other arrangement with any Third Party in existence as of the time such Party would be required hereunder to grant such license, sublicense, or rights of access and u se, provided that Know - How and Patents that are lic ensed to Moderna pursuant to a Moderna In - License are not for purposes of this Agreement unless an d only after such Moderna In - License is deemed to be a Mod erna Collaboration In - License pursuant to Section 7