definiens: means ( a ) on a country - by - c ountry basis, any service or process making or usin g an antibody construct comprising a binding domain that is specific to all or part of a DOTA - associated sequence for pre - targeted Radioimmunotherapy the pe rformance of which in the country in question would, absent th e license granted under this Agreement, and not tak ing into account the availability of a legal exemption such as experimental use or drug di scovery / development such as that provided by 35 U.S.C. § 271(e)(1 ) and similar provisions in the la ws of other jurisdictions, ( i ) infringe or otherwis e be within the scope of at least one Valid Claim in tha t country, and/or ( ii ) embodies, contains, incorporates, uses, is used or made through the use of, or was in whole or in part derived from the Know - How ; or ( b ) performance of a service using a L icensed Product or the foregoing process . For the avoidance of doubt, ( a ) Licensed Services excludes providing or generating [ * * * * ] constructs, and products incorporating [ * * * * ] ; and ( b ) all Licensed Services shall be either Therapeutic Licensed Services or Diagnostic Licensed Services