definiens: means ( i ) any Program Technology, other than Product Technology, that is ( a ) jointlyconceived or reduced to practice by one or more employees of or consultants to MERCK and one or more employees of or consultants to ARIADor ( b ) conceived or first reduced to practice solely by one or more employees of, or consultants to, a Party resulting from the use in any materialrespect of ( i ) any Technology, Patent Rights or Proprietary Materials Controlled by the other Party and/or ( ii ) any Product Use Technology;provided however, that the use by a Party of fluid, tissue or tumor samples or data collected b y either Party in the Development Program in thediscovery or development of Biomarker Information or Biomarkers or otherwise other than used in connection with Biomarkers for use withmTOR Inhibitors shall not cause such Biomarker Information or Biomarkers or other inventions to be Joint Technology