definiens: means all trade secrets, confidential seienlific, technical and medical intannalion, experimcntal results and expenise Ii'om time to time developed, produced, created or acquired by or on behalf ofNov8J1is eitllCr prior to the EFfeclive Date and per1aining to Ihe Program or during the tenn and in the course of carrying out Ihe Program, including, bul nOllimited to, unpatented invention s, discoveries, Iheories, plans, ideas or designs ( whether or not reduced to practice ) relaring 10 the research and dcvelopment, registralion for mru'keting, use, or sale of the Compounds or products utilizing the Compound s, preclinical toxicology and manufacturing for the Compounds, ruld toxicological, phrumacological, analytical and clinical data, bioavailability studies and fonnulations, cono'ol assays and specificat ion, methods of preparation, and slability dara related thereto . To U, e extent that any of the items lisl'ed above arc acquired by Novru - tis, they shall only tali within the delinition of Know - How hereunder to tllC extent to whioh Ihere are no obligations or restriction s in respect of suc·h items which would prohibit disclosure by NOYaJ1is or usc by Emisphcre or NovHl1is