definiens: shall mean an agreement in which Adial ( i ) grants a license to any of the rights to Licensed Patents, ( ii)agrees not to assert such rights or to sue, prevent or seek a legal remedy for the practice of same, ( iii ) assigns orotherwise transfers this Agreement and/or the rights acquired by it ( except for transfers or assignments resulting fromacquisitions, mergers, consolidations, reorganizations, or other transfers or similar transactions as specified in Article13 Assignment hereinbelow ), or ( iv ) is under an obligation to grant, assign or transfer any such rights ( except fortransfers or assignments resulting from acquisitions, mergers, consolidations, reorganizations, or other transfers orsimilar transactions as specified in Article 13 Assignment hereinbelow ) or non - assertion, or to forebear from grantingor transferring such rights to any other entity, including licenses, option agreements, right of first refusal agreements, or other agreements . For clarity, selling products to third parties, including without limitation, end users, distributors, and the like, will not be considered a sublicense