LIMITATION. Means that Axys (and its Affiliates and permitted sublicensees) shall be entitled to use the Assigned Technology and (within the combinatorial chemistry field of use) the Licensed Technology for, but only for, work performed by Axys and 3. 4 its Affiliates within their respective facilities (or, in the case of a permitted sublicense under Section 2.2, by the permitted sublicensee within the permitted sublicensee's facilities) as part of Axys' (or its
... Affiliates') internal research and/or development work in the area of drug discovery, development and commercialization or by Axys or its Affiliates and/or one of their Collaboration partners within the scope of the Collaboration Exception. It is understood and agreed the scope of the Limitation does not permit Axys (or its Affiliate or sublicensee) to transfer to any third party any library or collection of compounds created in connection with Axys' or a permitted sublicensee's use of the Assigned Technology or the Licensed Technology, except to a Collaboration partner in connection with the Collaboration Exception, or to the successor in interest of Axys pursuant to assignment of this Agreement under Section 7.4. Included within the Limitation are the restrictions on sublicensing included in Section 2.2 and the restrictions on use included in Section 2.3(b). It is understood that any drug or pharmaceutical or diagnostic compound developed based on the foregoing use may be commercialized for any and all prophylactic, therapeutic and diagnostic uses, with the further understanding that such commercial use is not as part of a library or collection of compounds sold or otherwise transferred to a third party for screening or other similar discovery uses.
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