definiens: High Density Probe Arrayll means ( i ) a DNA Probe Array having a Probe density of equal to or greater than ~ ix hundre~- ~ .~wentY - five ( ~25 ] Probes per square centimeter ( Probes / cm2 ), or ( ii ) a DNA Probe Array having such lesser number of Probes / crn2, such Probe Array the subject of an applicable Valid Patent Claim included in the AFFX Licensed Core Technology issued to AFFX for the United States, by the European Patent Office of the European -7- L:\MISC\JAD\8MX1.JAD, -Union or for Japan, or ( iii ) a DNA Probe Array having fewer Probes / cm2 than included in ( i ) or ( ii ) above based on or derived from a Licensed DNA Probe Array or on prototypes thereof developed in connection with the Collaboration wherein the Probes are selected making substantial and material use of information derived from use of DNA Probe Arrays supplied to BMX by AFFX hereunder or pursuant to the Manufacturing Agreement, which use requires and is pursuant to the license granted hereby