DIAGNOSTIC LICENSED PRODUCT

DIAGNOSTIC LICENSED PRODUCT. Any product used for a diagnostic purpose that, in whole or in part: (i) absent the license granted hereunder, would infringe one or more claims of the PATENT RIGHTS; or (ii) is manufactured by using a LICENSED PROCESS or that, when used, practices a LICENSED PROCESS. Any DIAGNOSTIC LICENSED PRODUCT that is also a THERAPEUTIC LICENSED PRODUCT will be treated as a THERAPEUTIC LICENSED PRODUCT for the purposes of this Agreement.