definiens: shall mean all information and materials, including but not limited to, discoveries, improvements, processes, methods, protocols, formulas, data, gene signatures, inventions ( including without limitation [COMPANY] Information and Inventions and [COMPANY] 's rights in Joint Information and Inventions ), know - how and trade secrets, patentable or otherwise, which ( i ) as of the Effective Date or prior to the expiration and/or termination of the Research Program and the Wind Down Term, are in the Control of [COMPANY] or its Affiliates, ( ii ) are not generally known and ( iii ) are necessary or useful to [COMPANY] in connection with the Research Program and the research, development, manufacture, marketing, use or sale of Licensed Compound or Product in the Territory ; excluding, however, any [COMPANY] Know - How ; provided that Ea ) [COMPANY] Know How ( other than as is included in [COMPANY] Information and Inventions under Section 1.5 ) shall not include [COMPANY] 's protocols and/or procedures for : lead optimization, t;electing and/or wiing gene set ;, or identifying compounds v, ith activity against any target or the Target ( and for the purposes of clarity the gene sets and/or gene tiignatures encompassed in Section 1.5(i ) shall not be excluded from being [COMPANY] Know Hmv under thi ~ i proviso ) ; and ( b ) [COMPANY] 's rights to practice [COMPANY] Know How shall be subject to the : icope of the licen~;e~ ; t;et forth in Section 3.1 . !