definiens: means all of the Intellectual Property Rights owned by or licensed to the Company oreach Company Subsidiary that claim or cover or, except with respect to Patents, relate to, any of the 51following : ( i ) the Levadex Product, or any aspects thereof, for the delivery of the active pharmaceutical ingredient included inthe Levadex Product, and for the acute treatment of migraine ; ( ii ) a Tempo Device or any aspects thereof ( excluding theExcluded Tempo Intellectual Property Rights ) ; ( iii ) the design, development, making, selling, offering for sale, marketing, importing and exporting of the items in clauses ( i ) and ( ii ) ; or ( iv ) Technology used by or on behalf of the Company or theCompany Subsidiaries in the design, development or manufacture of the Levadex Product, the use of the Levadex Product forthe acute treatment of migraine, or the design, development or manufacture of a Tempo Device ( excluding the ExcludedTempo Intellectual Property Rights ) . Material Intellectual Property includes the Intellectual Property Rights listed inSection 3.17(b ) of the Company Disclosure Schedule