definiens: means all trade secrets, confidential scientific, technical and medical information, experimental results and expertise from time to time developed, produced, created or acquired by or on behalf of [COMPANY] either prior to the Effective Date and pertaining to the Program or during the term and in the course of carrying out the Program, including, but not limited to, unpatented inventions, discoveries, theories, plans, ideas or design s ( whether or not reduced to practice ) relating to the * Confidential treatment requested : Material has been omitted and filed with the Commission < PAGE > research and development, registration for marketing, use, or sale of the Compound, preclinical tox icology and manufacturing for the Compounds, and toxicological, pharmacological, analytical and clinical data, bioavailability studies and formulations, control assays and specification, methods of preparation, and stability data related thereto . To the ex tent that any of the items listed above are acquired by [COMPANY], they shall only fall within the definition of Know -How hereunder to the extent to which there are no obligations or restrictions in respect of such items which would prohibit disclosure by Cub ist or free use by [COMPANY]