definiens: Licensed Product 6 . A definition of shall be added to the Definitions section ( Section 1 ) as set out below, and all references in the Agreement to Diagnostic Genetic Product and to Diagnostic Non - Genetic Product shall be deemed to refer to Diagnostic Product ( as defined below ), save for the reference to Diagnostic Genetic Product in Section 3.5 which shall remain unchanged : Diagnostic Product " shall mean any product and/or service, other than a Therapeutic Product, fat use in any Field, the development, production, rendering, or sale of which includes the use of the Licensed Technology ( or any part thereof ) or which is otherwise covered by, or falls within the scope of, or which is produced, manufactured, or rendered ( as the case may be ) using a process or method covered by or falling within the scope of, any Valid Claim of any Licensed Patent . Therapeutic Product1.33 shall mean any product solely for the treatment of any disease or condition in humans and/or animals, the development, production, rendering, or sale of which is covered by, or falls within the scope of, or which is produced, manufactured, or rendered ( as the case may be ) using a process or method covered by or falling within the scope of, any Valid Claim of any Licensed Patent.3.1 License Grant . BIORAP hereby grants to [COMPANY] and its Affiliates during the Term, the following : i ) an exclusive, worldwide, royalty bearing license, with the right to sublicense, in respect of and under the Licensed Technology ; to - 2 -CONFIDENTIAL TREATMENT REQUESTED research, develop, make, have made, use, sell, offer for sale, have sold and import Licensed Products ; and ii ) an exclusive, worldwide, royalty bearing license, with the right to sublicense, under the Licensed Patents filed in respect of the Basic Technology ( or any pOIiion thereof ) after the Effective Date of the Agreement ; to research, develop, make, have made, use, sell, offer for sale, have sold and import Licensed Products . " 9 . BIORAP represents and warrants that Biosite has no rights in and to the Licensed Technology and Basic Technology BIORAP undertakes that BIORAP will not license, assign, transfer, or give a right in or to ; or enter any agreement with any third patiy for the exploitation and/or commercialization of the Basic Technology and the Licensed Patents filed in respect of the Basic Technology ( or pOliion thereof ) before the Effective Date of the Agreement in any country