definiens: means ( a ) any Know - How related to the Development, Manufacture and / orCommercialization of any Active Substance or Licensed Product, including any Active Substance ’s or LicensedProduct ’s Data and properties, Development, uses, synthesis or manufacture, formulation, or administration ( includingas contemplated by this Agreement ), and ( b ) any Know - How that is incorporated by [COMPANY] or any of its Affiliates intothe Development, Manufacture, use and/or Commercialization of any Active Substance or Licensed Product duringthe Term, which Know - How in each case ( a ) and ( b ) is either ( i ) Controlled by [COMPANY] ( directly or through any of itsAffiliates ) as of the Effective Date or ( ii ) developed outside of the Development Program and comes within the Controlof [COMPANY] ( directly or through any of its Affiliates ) during the Term, but in all cases excluding [ * ]