definiens: means Patent Rights that, as of the Effective Date and thereafter during the term of this Agreement, [COMPANY] has the ability to license, sublicense, or practice in the Custom Array Program with the consent of or payment to a third party, and the term means Technology that, as of the Effective Date and thereafter during the term of this Agreement, ArQuie has the ability to license, sublicense, or use in the Custom Array Program with the consent of or payment to a third party . At the request of [COMPANY], ArQuie will use commercially reasonable efforts to obtain the ability for [COMPANY] ( i ) to practice Restricted Patent Rights and to use Restricted Technology within the Custom Array Program and ( ii ) to grant to [COMPANY] and its Affiliates, for internal research and development purposes, a non­exclusive, worldwide license ( without the right to sublicense ) under the Restricted Patent Rights and other rights in Restricted Technology . [COMPANY] will grant this license to [COMPANY] on terms which, considered in the aggregate, are at least as favorable as the terms given to any third party