definiens: means to engage in Commercialization activities . [ See License Agreement Section 1.20 ] means all non - public or proprietary Information d isclosed by a Party to the other Party under this Agreement, which may include ideas, inventions, discoveries, concepts, compounds, compositions, formulations, formulas, practices, pr ocedures, processes, methods, knowledge, know - how, trade secrets, technology, inventories, machines, techniq ues, development, designs, drawings, computer progr ams, skill, experience, documents, apparatus, results, clinical and regulatory strategies, regulatory documentatio n, information and submissions pertaining to or made i n association with Regulatory Materials, data ( incl uding pharmacological, toxicological, and clinical data, raw data, analytical and quality control data, manu facturing data and descriptions, patent and legal data, market dat a, financial data or descriptions ), devices, assays, chemical formulations, specifications, material, product sam ples and other samples, physical, chemical and biol ogical materials and compounds, and the link, without rega rd as to whether any of the foregoing is marked or or disclosed in oral, written, gr aphic, or electronic form . Confidential Information will include the terms and conditions of this Agreement . [ See License Agreement Section 1.26 ] means, with respect to any Information, Patent Ri ght, Trademark or other Intellectual Property Right, ownership or possession by a Party, including its A ffiliates, of the ability ( without taking into acco unt any rights granted by one Party to the other Party under the t erms of this Agreement ) to grant access, a license, or a sublicense to such Information, Patent Right, Trademark or oth er Intellectual Property Right without ( a ) violatin g the terms of any agreement or other arrangement with, ( b ) bei ng required to make any payment to, or ( c ) necessit ating the consent of, in each case ( ( a ) – ( c ) ), any Third Par ty, at such time that the Party would be first requ ired under this Agreement to grant the other Party such access, lic ense, or sublicense . [ See License Agreement Section 1.29 ] or or means, with respect to a particular subject matte r at issue and a relevant Patent Right, that the manufacture, use, sale, offe r for sale, or importation of the subject matter wo uld fall within the scope of a claim in the Patent Right . [ See License Agreement Section 1.30 ] means all non - clinical and clinical research and drug development activities undertaken by or on behalf of a Party, including toxicology, pharmacolo gy, and other non - clinical efforts, statistical ana lysis, the performance of Clinical Trials, CMC development, or other activities reasonably necessary in order to obtain or maintain Regulatory Approval of a Licensed Product