definiens: means any consideration, whether in cash ( e.g, initial or up front payments, technology access fees, annual fixed payments ) or in kind ( e.g. devices, services, use rights, equity ), received by Company and its Affiliates from Sublicensees as consideration for the snblicense, Sublicense Consideration specifically excludes ( i ) payments specifically committed to compensate Company for the fully ~ burdened cost of future research and development, ( H ) nmning royalties, ( iii ) milestone payments in excess of those owed in Section 3.3, ( iv ) reimbursement of patent costs, ( v ) payments made by the Sublicensee in consideration of equity ( shares, optionsf warrants or any other kind of securities ) of Company at fair market value, and ( vi ) equity ( shares, options, warrants or any other kind of securities ) of the Sublicensee purchased by Company at fair market value