definiens: shall mean ROCHE Compounds or EVOTEC Compounds that are ( i ) generatedindependently and outside the Research Program without aid, use, application or reference to any ConfidentialInformation of the other Party, including ROCHE Patent Rights, EVOTEC Patent Rights, ROCHE ’s BackgroundIntellectual Property, EVOTEC Background Intellectual Property or any Research Project Intellectual Property /Produced Compound Intellectual Property owned by the other Party, ( ii ) within the literal scope of any compositionof matter claim in Produced Compound Intellectual Property owned by the other Party ( either alone or jointly ) anddocumented and attached as an Appendix to the Agreement and ( iii ) proven as being Other Compounds bycompetent documentary proof . The term Other Compounds shall include any products including biomarkers, resulting from the use of the Other Compounds and the use shall include diagnostic use