definiens: means a day ( other than a Saturday or a Sunday ) on which licensed banks aregenerally open for business in the city of New York ; all references to in thisAgreement shall mean and be interpreted as Business Days ; 2 means an OTC dietary and/or food supplement for moderating post - meal bloodglucose ; subject to the limiting language of Section 10.4, means any and all information, documentation or knowledge in any form, relating to the business and assets ofBTI, not generally known to the public, disclosed to, or which may be obtaineddirectly or indirectly by BSD from BTI, including, without limitation, informationrelating to BTI ’s present and contemplated Product and services ; product designs;inventions, improvements ; standards, specifications, systems, methods andoperating procedures ; techniques and modes of manufacturing, compounding orpreparing Product, formulations and recipes ; merchandising, marketing plans andstrategies ; tests and reports ; profits, costs, pricing, product sourcing and salespolicies and strategies ; buying habits and preferences of present customers of BTIas well as prospective and potential customers, their names and addresses ; tradesecrets, know - how, data, research and development ; patent, trademark, copyright, industrial design and all other intellectual property and proprietary rights and shallalso include the terms of this Agreement ; means the date of this Agreement as set forth above ; means any lawful use of the Product marketed as a dietary supplement, foodadditive or over - the - counter ( that is, non - prescription ) drug to help manage bloodsugar or to provide other benefits as described in and consistent with the Structureand Function claims for the Product previously filed with the FDA, a copy of whichis attached as Exhibit 3 ( the ) ; Means ( subject to the limitations described at the end of this definition, and exceptas otherwise provided herein ), all : ( a ) inventions ( whether patentable or unpatentable and whether or not reducedto practice ), all improvements thereto, and all patents, patent applications, andpatent disclosures, together with all reissuances, continuations, continuations - in - part, revisions, extensions, and reexaminations relating thereto ; ( b ) trademarks, service marks, trade dress, logos, trade names, and corporatenames, and all goodwill associated therewith, together with all translations, adaptations, derivations, and combinations, applications, registrations, andrenewals relating thereto ; ( c ) copyrightable works, all copyrights, and all applications, registrations, andrenewals relating thereto ; ( d ) trade secrets and confidential business information ( including ideas, research and development, know - how, formulas, compositions, manufacturing andproduction processes and techniques, technical data, designs, drawings, specifications, customer and supplier lists, pricing and cost information, andbusiness and marketing plans and proposals ) ; ( e ) computer software ( including all data and related documentation ), ( f ) advertising and promotional materials ; ( g ) other proprietary rights, domain names, email addresses, telephonenumbers, social media identifications and tags ; and ( h ) copies and tangible embodiments of the foregoing ( in whatever form ormedium )