definiens: shall mean the gross amount of all revenues invoiced and recorded in accordance with GAAP by [COMPANY] or its Affiliates from [COMPANY] Customers from the sale, supply or other transfer for value of a [COMPANY] Device that incorporates Product supplied by [COMPANY] to [COMPANY] hereunder ( except as provided in the last sentence hereof ), less the following deductions or allowances ( i ) charges taken or accrued in accordance with GAAP for commissions allowed to distributors, discounts allowed dealers, trade and/or quantity discounts from the list price, refunds, rebates, chargebacks, replacements or credits allowed to purchasers for return of [COMPANY] Devices incorporating Product ; ( ii ) sales, use and/or other excise taxes, import and/or export duties paid, tariffs, and any other governmental tax or charge ( except income taxes ) imposed on or at the time of production, importation, use, or sale of [COMPANY] Devices incorporating Product, including any VAT taxes, provided such amounts are included in the gross amount of reven ues recorded above ; ( iii ) shipping insurance costs and prepaid transportation and/or freight charges, provided such amounts are included in the gross amount of revenues recorded above ; and ( iv ) the amount of any expense deducted by [COMPANY] in accordance with GAAP ( including, but not limited to, royalties or other license fees ) for the benefit of one or more Third Parties to obtain a license or similar right necessary for [COMPANY] or its Affiliates or sublicensees to legally make, have made, -3- CERTAIN CON FIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED