definiens: or means, with respect to ( a ) any Know - How, Patents or other intellectual property rights, that a Party has the legal authori ty or right ( whether by ownership, license or other wise ) to grant to the other Party a license, sublicense, access or right to use ( as applicable ) under such Know - How, Patents, or other intellectual property rights, on the terms an d conditions set forth herein, and ( b ) any Program, that a Party has the legal authority or right ( whether by owners hip, license, contract or otherwise ) to grant to th e other Party a license, sublicense, access or other right to Devel op and Commercialize Compounds and Products arising from such Program, on the terms and conditions set forth herein, including in the China Territory ( in the c ase of a Vir Program ), or the United States ( in the case of a Br ii Bio Program ), in each case of ( a ) and/or ( b ), wi thout breaching the terms of any agreement with a Third P arty