definiens: ( as hereinafter defined ) in nasal ( including intranasal ) dosage forms by way of ( i ) an agreement entered into as of March 31, 2000 ( the ), by and between TANABE and Ube Industries, Ltd., a Japanese corporation having its principal place of business at Seavans North Bldg . 1 - 2 - 1, Shibaura, Minato - Ku, Tokyo 105 - 8449, Japan ( ) and ( ii ) an agreement entered into as of September 14,2007 ( the ), by and between TANABE and SENJU Pharmaceutical Co., Ltd., a legal entity duly organized and existing under the laws of Japan, having its principal office of business at 5 - 8, Hiranomachi 2 chome, Chuo ku, Osaka 541 - 0046, Japan ( ) ; WHEREAS, TANABE is the owner or the exclusive licensee under the T ANABE - UBE License Agreement and TANABE - SENJU License Agreement, of certain rights, information and materials related to the Compound and/or the Product and its respective uses and commercialization in certain territory ; and, WHEREAS, TANABE desires to grant ISTA an exclusive license to develop, manufacture, have manufactured, use, offer to sell, sell, import and otherwise commercialize the Product ( as hereinafter defined ) in the Territory, using the rights, information or materials owned by or licensed to TANABE related therein, according to the terms and conditions set forth herein, and ISTA wishes to receive such exclusive license