definiens: means the use or practice of Patent Rights solely for academic research and other not - for - profit or schol arly purposes which are undertaken at a non - profit or governmental institution that does not involve any use in clinical trials in the Field, the production or manufacture of products for sale or the performance of services for a fee in the Field, or the grantin g of any right or license under the Patent Rights in the Field or providing any materials claimed in the Patent Right s in the Field for use in development or commercialization t o any for - profit or commercial third party . Without limiting the foregoing : ( i ) includes, in non -limiting fashion, research that leads, or may lead, to paten table or unpatentable inventions that may be licens ed or otherwise transferred, either directly or indirectl y, to third parties ; and ( ii ) neither ( A ) receipt o f license revenues on account of such inventions or receipt of reimbur sements for the costs of preparation and shipping o f samples of materials provided to third parties as a profess ional courtesy, in response to post - publication req uests or otherwise in accordance with academic custom nor ( B ) receipt of funding to cover the direct and/or ind irect costs of research, shall constitute sale of products or p erformance of service for a fee