definiens: means the intellectual property rights licensed to or owned by ES that relateto the manufacture, use, sale, or import of Products, or derivatives or combinations thereof, including but not limited to one ormore of : ( i ) patents and patent applications, and all patents issuing from said patents and patent applications, including anydivisionals, continuations and continuations - in - part ( to the extent that they cover the same subject matter of the originalapplication ), and reissues and reexaminations of any such patents, together with all non - US counterparts of the foregoing ; ( ii)copyrights ( technical publications ), whether or not such copyrights are registered with the US Library of Congress or othergovernmental body ; ( iii ) use of the ACTCellerate ™ trademark, and ( iv ) any know - how, trade secret or other proprietaryinformation necessary to use or effectively market and sell the Products