definiens: ( as later defined herein ) relating to CMCC Case No . 317, ( USSN 08/025,046 ) and its continuation - in - part, ( USSN 08/168,817 ), and has the right to grant licenses under said Patent Rights ; WHEREAS, CMCC desires to have the Patent Rights utilized in the public interest and is willing to grant a license thereunder ; WHEREAS, LICENSEE has represented to CMCC, to induce CMCC to enter into this Agreement, that LICENSEE is capable of the development, production, manufacture, marketing and sale of products similar to the ( as later defmed herein ) and/or the use of the ( as later defmed herein ) and that it shall commit itself to a thorough, vigorous and diligent program of exploiting the Patent Rights so that public utilization shall result therefrom ; and WHEREAS, LICENSEE desires to obtain a license under the Patent Rights upon the tenns and conditions hereinafter set forth