definiens: shall mean those : madical devices, services, trainings and -=peripherals that are based upon or utilize, in whole or in part the- BMI Technology, or oﬂzerwisef would, but for the licenses granted 111 this Agreement, inﬁinge : any Valid Claim of a BMI Patent or infringe any claim under a pending BMI Patent that has not been re ] acted or disallowed, on a country - by — country basis shall include, without limitation BMFS Vantagem MSA Prom and Epicm products and all associated software, whether 11:1 para 01 : in Whole that IS part of ; the . BMI Tachnology . Devices or services which do not utilize or depend, in whole or ill - part, upon BMI T 60311310101 gy ‘ in Whole or in . part are Speci ﬁcally excludedfrom the deﬁnition of I - 1.2.4 means- the . period of time commencing on the . date of the-.or in part, of the BMI Technology to develOP, market . or . selljits products or generate revenue