TBC Enabling Technology definition
TBC Enabling Technology means (a) any patent, patent application, trade secret, know-how or other information that is necessary or useful to use, make or sell an Endothelin Agent or Product that TBC, in its sole discretion, elects to include within the scope of the Research Program and that is owned or controlled by TBC or its Affiliates, with right to license (or sublicense) and (b) any patent, patent application, trade secret, know-how or other information that (i) is owned or controlled by TBC or its Affiliates, with right to license (or sublicense), (ii) was developed or discovered outside the Research Program or not included in the Endothelin Project Inventions, (iii) was, in rendering R & D Services, incorporated in the development of an Endothelin Agent or Endothelin Product, including, without limitation, their use or method of manufacture, and (iv) covers or relates to the composition, use or method of making an Endothelin Agent or Product. TBC Enabling Technology does not include Background Technology.