definiens: means the total of the gross consideration charged for Licensed Products made, used, leased, transferred, distributed, sold, or otherwise disposed of by Licensee, its Affiliates, and its sublicensees, less the sumof the following actual and customary deductions ( net of rebates or allowances of such deductions received ) includedon the invoice and actually paid : [ * * * ] . In the event Licensee or any of its Affiliates or sublicensees makes a sale ortransfer of a Licensed Product to a third party ( i ) for other than cash or ( ii ) where there are sales or transfers ofLicensed Products as well as other products and/or services to the third party, such sales or transfers shall beconsidered a sale to be calculated at Fair Market Value for accounting and royalty purposes . Furthermore if Licensee, its Affiliates or sublicensees use Licensed Product for a commercial purpose with no expectation of subsequentroyalty bearing transfer of such Licensed Product to an unaffiliated third party, such commercial use shall beconsidered a sale to be calculated at a Fair Market Value for royalty and accounting purposes