definiens: means use of any anti- HIV antibody or derivatives thereof derived from Program Materials and Program Inventions ( A ) a s a tool to design HIV vaccines, ( B ) as part of any HIV vaccine ( 1 ) that is for prophylacti c use, and ( 2 ) that is co- formulated with an immunogenic, bona fide HIV vaccine antigen or part of a vector expressing a protein, or ( C ) as part of any HIV diagnostic products ; and ( ii ) means use of an antibody or derivatives thereof d erived from Program Materials and Program Inventions used ( A ) t o treat ( excluding vaccines ) HIV, or ( B ) for an assay to pre - screen HIV- positive human patients to determine eligibility fo r a therapeutic tr eatment that incorporates an antibody proprietary t o [COMPANY], or for an assay to monitor HIV- positive human patients receiving such therapeutic treatment either during clinical development or following commercialization thereof