definiens: shall mean : ( 1 ) any payment rece ived by or on behalf of LICENSEE from a sublicensee for the supply of goods and/or servic es ( including LICENSED PRODUCTS ) to such sublicensee, provided that the sublicensee is not t he end user of such goods or services, and provided further that UTMDACC has been paid the royalty spec ified in Section 4.1(d ) for NET SALES upon SALE of the LICENSED PRODUCT to the end user ; and ( 2 ) pa yment received by LICENSEE from a sublicensee for providing LICENSED PRODUCT to said sublicensee for use in a clinical study or other research necessary or useful to obtain MARKETING AP PROVAL of a LICENSED PRODUCT, provided that such payment does not exceed LICENSEE ’s actual cost for providing such LICENSED PRODUCT to said sublicensee 2.12 PATENT RIGHTS means B OARD ’s rights in the information and discoveries de scribed in invention disclosures, or claimed in any patents and/or paten t applications, whether domestic or foreign, as identified in Exhibit I attached hereto, and all di visionals, continuations, continuations - in- part ( to the extent the claims of such continuations - in- part are entitled to claim priority to the aforesai d patents and/or patent applications identified in Exhibit I ), reiss ues, reexaminations, or extensions of the patents a nd / or patent applicat ions identified in Exhibit I, any foreign equivalen ts of the foregoing, and any letters patent, domestic or foreign that issue thereon