definiens: refers to the license granted under Article 2.1.1.14 . or shall mean any process(es ), product(s ), machine(s ), manufacture, composition of matter, apparatus, kit, or any part thereof, which incorporate, embody, utilize, or are claimed in ( i ) any patent application andpatent listed in Appendix A, which is incorporated into this Agreement ; ( ii ) any continuations, divisionals, and continuations - in - part, to theextent the claims of any such patent applications are directed to subject matter specifically described in the patents and patent applicationslisted in ( i ) and any patents that issue therefrom ; ( iii ) any patents or patent applications that claim priority to any of the patents or patentapplications listed in ( i ) or ( ii ) ; ( iv ) any reissues, re - examinations, extensions or substitutions of the patents listed in ( i ), ( ii ) or ( iii ) ; and ( v ) therelevant international equivalents of any of the foregoing ; provided, however, INDEPENDENTLY DEVELOPED IP shall be excluded