definiens: means all trade secrets, confidential scientific, technical and medical information, experimental results and expertise from time to time developed, produced, created or acquired by or on behalf of [COMPANY] either prior to the Effective Date and pertaining to the Program or during the term and in the course of carrying out the Program, including, but not limited to, liIlpatented inventions, discoveries, theories, plans, ideas or designs ( whether or not reduced to practice ) relating to the research and development, registration for marketing, use, or sale of the Compound, preclinical toxicology and manufacturing for the Compounds, and toxicological, pharmacological, analytical and clinical data, bioavailability studies and formulations, control assays and specification, methods of preparation, and stability data rel ~ ted thereto . To the extent that any of the items listed above are acquireHby [COMPANY], they shall only fall within the definition of Know - How hereunder to the extent to which there are no obligations or restrictions in respect of such items which would prohibit disclosure by [COMPANY] or free use by [COMPANY] or [COMPANY]