definiens: means and includes all of the following : ( i ) United States, Australian, Israeli andforeign patents, patent applications, provisional patent applications, patent disclosures and all relatedcontinuation, continuation - in - part, divisional, reissue, re - examination, utility, model, certificate of invention anddesign patents, design patent applications, registrations and applications for registrations ( ) ; ( ii)copyrights in both published or unpublished works and subject matter other than works and registrations andapplications for registration thereof and moral rights ( ) ; ( iii ) computer software, programs, dataand documentation ; ( iv ) technology, trade secrets and confidential business information, whether patentable ornon - patentable and whether or not reduced to practice, know - how, designs, specifications, processes, maskworks, prototypes, enhancements, improvements, works - in - progress, drawings, models, research anddevelopment information, technical data, engineering files, flow charts, inventions ( whether or not patentable),discoveries, improvements, works of authorship and ideas ; ( v ) trade names, together with the goodwillattached thereto, trade marks, logos, service marks, merchandise marks and brands, domain names, whetherregistered or not, together with all translations, adaptations, derivations and combinations thereof and allapplications, registrations and renewals in connection therewith ( ) ; ( vi ) all rights to continuations, enhancements, renewals and modifications thereof and of the foregoing, common law rights ; ( vii ) otherproprietary rights relating to any of the foregoing ( including without limitation relief and remedies forinfringements thereof and rights of protection of an interest therein under the laws of all jurisdictions, whetherarising prior to or following the Closing ) ; and ( viii ) the rights and remedies of Seller under the non - competition, confidentiality, assignment of inventions and non - solicitation provisions of all of Seller 's employees, affiliates, and consultants, including Borody, with respect to the Technology