definiens: means a license by [COMPANY] granting rights to any for - profit entity to use th e [COMPANY] Monitoring Technology for commercial drug- development ( e.g., compound screening and/or target validation ) purposes . It is agreed that the followi ng types of licenses do not constitute a Commercial Use License : ( i ) an evaluation license granted for the purpose of evaluating [COMPANY] ’s technology and/or B ioware TM organisms, such as the September 1998 agreement bet ween the parties executed by [COMPANY] Pharmaceutica ls Corporation on September 18, 1998, and by [COMPANY] o n September 25, 1998 ; ( ii ) a strain development or modification agreement, whereby a third party is li censed to use the [COMPANY] Monitoring Technology to develop new Bioware TM organisms or improve existing Bioware TM organisms, without rights to use such Bioware TM organisms for its own or contract research drug dev elopment purposes ; and ( iii ) a distribution agreeme nt, whereby a third party is granted rights to use the [COMPANY] Monitoring Technology in connection with th e distribution certain [COMPANY] Bioware TM organisms or animals to third parties, without rig hts to use such Bioware TM organisms or animals for its own or contract resea rch drug development purposes