definiens: means only those Intellectual Property Rights of [COMPANY] and its Affiliates that are applicable to the general functionality of the Goods . Notwithstanding any oth er agreement between or among [COMPANY], Customer, and their respective Affiliates, Customer acknowled ges that [COMPANY] ’s Intellectual Property Rights in the Goods conferred in this Section 2 expressly exclude s [ … * * * … ] . By way of non- limiting examples, [COMPANY] ’s Intellectual Property Rights in the Good s conferred in this Section 2 expressly excludes any and all Intellectual Property Rights with respect t o [ … * * * … ] . Consistent with that and subject to paragraphs a and b of this Section 2, Customer furt her acknowledges tha t its ( and its Affiliates ’ ) use of the Goods [ … * * * … ] . The Goods may be covered by one or more U.S. or foreign patents, and it is solely Customer ’s responsibility to ensure it ( and each of its Affiliates purchasing Goods hereunder ) has all rights necessary for its intended use of the Goods ( other than under [COMPANY] ’s Intellectual Property Rights in the Goods ) . The parties hereby acknowledge and a gree that under and subject to the terms and conditions of the Pooled Patents Agreement and cert ain Ancillary Agr eements, [COMPANY] has granted to Customer, and certain of its Affiliates as stated i n such agreements, certain license rights ( and Cust omer has assumed, on behalf of itself and its Affiliates, certain obligations with respect thereto ) to rese arch, develop, offer for sale, have offered for sale, sell, have s old, market, have marketed and perform NIPT LDT Tests in the NIPT LDT Field under Pooled Patent s, in exchange for Customer paying a Test Fee ( structured as a per test fee or as a percentage of Net LDT Sal es, as applicable ) for Licensed NIPT LDT Tests it performs ( as the terms Pooled Patents, Tes t Fee, NIPT LDT Tests, Net LDT Sales, Licensed NIPT LDT Test and NIPT LDT Field are defined in the Pool ed Patents Agreement ) on the terms and conditions of the Pool ed Patents Agreement, including without limitation the terms therein regarding Customer obligations regarding Test Fees payable for perform ance of certain NIPT LDT Tests for HDFN