definiens: means readers, fluids stations, hybridization devices, sample logging, handling and processing systems, det ection and measurement equipment, computer work stations ( and associ ated software ) and other instruments or systems used in the preparatio n or use of Nucleic Acid Arrays or the extraction or processing of dat a from Nucleic Acid Arrays ; means all the rights held by Rosetta on the date of the OGT / Agilent Agreement or acquired by Rosetta during the term of the OGT / Agilent Agreement which are licensed to A gilent under the Rosetta / Agilent Collaboration Agreement and w hich cover instrumentation and methods for making Nucleic Acid Arrays . I nkjet Patents includes patents required for the general use of an Ar ray Maker to make Nucleic Acid Arrays but excludes patents relating to particular Nucleic Acid Arrays, Nucleic Acid Array or probe design, o r probe sequences, provided, however, if the Inkjet Patents are licensed t o OGT Operations or any successor to its business under Clauses 4.3 o r 4.4, the reference to the term of the OGT / Agilent Agreement shall be to the Term ; means any process, method or procedure which is Covered by a Valid Claim ; means a Nucleic Acid Array and any component thereof, an Instrument, kit, reagent, computer softwar e or other product, apparatus or composition of matter of whatever nature w hich is Covered by a Valid Claim, but not including a Database or other information ( other than a Database or information which is an integral part of a product ) ; means amounts invoiced by Rosetta or OGT, as the case may be, or an Affiliate of either on all arm's - length sales of Royalty Bearing Services to a party which is not an Affiliate of the supplying Party, less the following deductions from such gross amou nts which are actually incurred, to the extent that they are reasona ble and customary : ( a ) credits or allowances actually gr anted, rejection of results derived from the Supply of Royalt y Bearing Services, and retroactive price reductions ; ( b ) freight, postage, shipping, custo ms duties and insurance charges ; ( c ) normal and customary trade, cash and quantity discounts, allowances and credits ; * Material has been omitted pursuant to a request f or confidential treatment, and such material has been filed separately with the SEC