definiens: shall mean a grant by JHU to Company of its entire right and interest in thePATENT RIGHTS throughout the world, subject ( if and to the extent any NIH funds were used for the licensedinvention ) to rights retained by the United States government in accordance with the Bayh - Dole Act of 1980(established by P.L. 96 - 517 and amended by P.L. 98 - 620, codified at 35 USC § 200 et . seq . and implementedaccording to 37 CFR Part 401 ), and subject to the retained right of JHU to make, have made, provide, and use for itsand The Johns Hopkins Health Systems ' nonprofit academic research purposes, LICENSED PRODUCT(S ) andLICENSED SERVICE(S ), including the ability to distribute any biological material covered by the PATENT RIGHTS tonon - commercial entities for nonprofit academic research use as is customary in the scientific community ; provided, however, that any transfer of such biological material may only be made with advance notice to the Company andpursuant to the Materials Transfer Agreement attached hereto as Exhibit B