definiens: means an array of nuclei c acids attached to a solid support ; means U.S. Patents Nos . 5,700, 637 and 5,436,327 [ * * * ] and all continuations, continuations - in - part, div isionals, re - examinations and reissues, and any patents issuing therefrom o r claiming common priority thereto, together with any other patents whic h issue to OGT, or which otherwise come into the ownership or under th e control of OGT during the term and which OGT has the right to license, and which relate, but only to the extent that they relate, to the genera l use of Nucleic Acid Arrays, including methods for making or analyzing Nuc leic Acid Arrays and for creating Rosetta Ratio - based Databases, but e xcluding therefrom any such patents that relate but only to the exte nt that they relate to instrumentation for the reading of Nucleic Ac i d Arrays, the design of probes for use on Nucleic Acid Arrays, partic ular sequences used on Nucleic Acid Arrays, software used in instrum entation for reading Nucleic Acid Arrays or in probe design, microfluidics or the control or assurance of the quality of Nucleic Acid Arrays ; means a Databa se containing relative levels of expressed genes within or between cells wh erein such Database may be built from data where measurements from one R NA sample are compared with those from another RNA sample ; provided, howe ver, a Rosetta Ratio - based Database shall in no event include an Incyte Expression Database ; means Rosetta 's software package with the features set forth in EXHIBIT A ; means any service w hich comprises the use by the provider of the service of one or more Licens ed Processes or Licensed Products, including the licensing or Supply o f, or rendition of services related to, Rosetta Ratio - based Databases or other information which was generated or a substantial proportion of whic h was generated by the use of one or more Licensed Products or Licensed Pro cesses ; means sell, supply, len d, let out on hire, lease or any other disposal, and in the case of servic es, includes the provision of access to information ; means the period of time from the Effe ctive Date to and including the date of the last to expire of U .S. Patent Nos