definiens: means a pharmaceutical product ( i ) containing ( x ) in the case of Cempra, an activepharmaceutical ingredient for which, if included in a pharmaceutical product as the sole active pharmaceutical ingredient theuse, sale, or manufacture thereof would, but for the licenses granted Cempra hereunder, infringe the [COMPANY] Patents in thecountry in which such product is sold by Cempra, an Affiliate thereof, or a Third Party sublicensee of either of the foregoing, or ( y ) in the case of [COMPANY], an active pharmaceutical ingredient which ( I ) contains a Macrolide Antibiotic, Test Product, orderivative or analog of either of the foregoing, ( II ) is a Cempra Product, or ( III ) whose manufacture, sale, or use is covered inany ASEAN Country by a Valid Claim of any Cempra Patent, Joint Invention Patent, or foreign counterpart of any OptimerPatent ; and ( ii ) one or more other pharmaceutically active ingredients for which rights are not included in the license grantedto ( x ) Cempra under this Agreement, with respect to Cempra Products, or ( y ) [COMPANY], with respect to [COMPANY] Products