definiens: of a Party means any present or f uture Entity that Controls, is Controlled by, or is under the Control of the same Entity or Entities as, the Party, but only for so long as such C ontrol continues ; means a device designed to fabr icate Nucleic Acid Arrays ; means a period of three mo nths ending on 31 March, 30 June, 30 September or 31 December ; means with respect to an En tity, the possession, directly or indirectly, of more than fifty pe r cent ( 50 % ) of the issued share capital or other issued stock or securi ties of, or the voting power in, such Entity ; means, in relation to a product, that its manufacture, importation, Supply or use would, and in relation to a process, that its practice would, but for the licenses herein or, in the case of OGT, but for the licenses in the OGT/ Agilent Agreement, infringe a Valid Claim ; means a collection of information derived from one or more Nucleic Acid Arrays, which is licensed for va lue to multiple third parties, but does not include a database for internal use exclusively by an Entity ; means the date first set for th above ; means an end - user of Royalty - Beari ng Services Supplied by Rosetta ; means any natural or legal person, p artnership, association or governmental authority ; means any of the following activities : ( a ) the use of a Nucleic Acid Array f or or in connection with any activity other than gene expr ession profiling or non - commercial genotyping ( b ) the exercise of any of the rights licensed under this Agreement for the purposes of the manufacture, having manufactured, use, supply, creati on or contribution to the creation of Incyte Express Io n Databases ; and ( c ) the manufacture or having manufac tured of Nucleic Acid Arrays by a method other than In- Situ Inkjet Synthesis means a Database consisting entirely or substantially of gene expression data and con taining at least five hundred data points, where a single data point is dat a relating to the level of expression of one gene in one sample ; means a method for the fa brication of Nucleic Acid Arrays on a solid support by deposition of a pre - synthesized oligonucleotide on such solid support * Material has been omitted pursuant to a request f or confidential treatment, and such material has been filed separately with the SEC