definiens: shall mean ( a ) all Intellectual Prop erty ( including trade secrets, trademarks, patents, copyrights and other non - registered intellectual property ) own ed or control by ESSDS on the Effective Date and/or otherwise independently of Jazz Pharmaceuticals and this Agre ement, including but not limited to, all Intellectu al Property embodied in the ESSDS Pharmacy Master Services Agreement Software and all ESSDS Prior Works that ESSDS shall use in connection with performing the Services und er this Agreement . The term shall mean any and all Intellectual Property or other products developed, owned, controlled or acquired by ESSDS p rior to the Effective Date of this Agreement and/or otherwise independently of Jazz Pharmaceuticals and this Agre ement, including, but not limited to ( i ) computer s oftware, technology, patient - centric services and analytics for pharmaceutical, biotechnology, medical device, vaccine and diagnostic manufacturers ( ), ( ii ) s pecialty pharmacy industry knowledge, ( iii ) special ty pharmacy distribution and services software, and ( i v ) specialty pharmacy data reporting to payers and manufacturers, subject to any data reporting restri ctions set forth elsewhere in this Agreement