definiens: or means, with respect to any Know - How, Patent or other intellectual property right, the possession ( whether by ownershi p, license or sublicense, other than by a license, sublicense or other right granted ( but not assignment ) pursuant t o this Agreement ) by a Party ( or its Affiliate ) of the ability to assign or grant to the other Party the licenses, su blicenses or rights to access and use such Know - How, Patent or other intellectual property right as provided for i n this Agreement, without violating the terms of an y agreement or other arrangement with any Third Party in existe nce as of the time such Party would be required her eunder to grant such license, sublicense, or rights of access and use . Know - How, Patents or other intellectual p roperty rights that are licensed to a Party or its Affiliat es or jointly owned by a Party or its Affiliates, o n the one hand, and a Third Party, on the other hand, in each case pursuant to an In - License are not by s uch Party or its Affiliates for purposes of this Agreement un less and only after such agreement is included here under as an Included In - License pursuant to Exhibit F