definiens: means with respect to Technology : ( a ) for copyrightable or copyrighted Technology ( including without limitation any mask works ), a work which is based upon one or more pre - existing works, such as a revision, modification, translations, abridgment, condensation, expansion, collection, compilation, or any other form in which such pre - existing works may be recast, transformed, or adapted ; ( b ) for patentable or patented Technology, any adaptation, addition, improvement, or combination based on a pre - existing work or Patent ; and ( c ) for Technology subject to trade secret protection, any new materia~ information, or data relating to and derived from such existing trade secret material, including without limitation new material which may be protectable by copyright, patent, or other proprietary rights . For the purposes of clarification, an item of Technology shall be considered to be an Improvement of another item of Technology only if it is actually derived from such other item, and not merely because it may have the same or similar functionality or use as such other item