definiens: means any PERSON, excluding AFFI LIATES, to which COMPANY grants a sublicense under any NEKTAR AL LICENSED TECHNOLOGY and/or ENZON PATENTS to develop, make and sell SELECTED PRODUCT, with respe ct to units that are manufactured and then sold by such PERSON other than to COMPANY . As used in this AGREEMENT, shall also include any PERSON ( other than an AFFILI ATE ) to whom COMPANY has granted only the right to market, promote and/or distribute SELE CTED PRODUCT, provided that such person or entity is responsible for marketing and/or promotio n of SELECTED PRODUCT within its distribution territory . For the purposes of clarity, a SUBLICENSEE shall not include any person or entity with whom COMPANY contracts solely for the p urpose of manufacturing the SELECTED PRODUCT ( a ), or any PERSON who provides servi ces to such a CMO