definiens: means, in relation to any tangible or intangible property ( e.g., Know - How, Patent, Material, copyright, trademark or right ), the posse ssion by a Party or any of its Affiliates, whether by ownership ( whether sole or joint ), license grant or other mea ns ( other than a license granted to it pursuant to this Agreement ) of the legal right to grant the right to access or use, or to grant a license or a sublicen se to, such tangible or intangible property to such other Party as set forth herein ( a ) without violating the prop rietary rights of any Third Party or any terms of any agreement or other arrangement between such Party ( or any of it s Affiliates ) and any Third Party, and ( b ) without i m posing a payment obligation on the granting or rece iving Page 3 of 96 Party, except to the extent that the receiving Part y has accepted the payment obligations thereunder i n accordance with Article 11 . To the extent that the granting Party has the right to grant the right to access or use, or to grant a license or a sublicense to, such tang ible or intangible property to such other Party of less than the full scope of rights set forth herein, such right, license or sublicense shall be granted to the exten t such granting Party may grant such right, license or sublicense w ithout violating any applicable Third Party ’s right s