definiens: means ( a ) the results of the Research and(b ) any proprietary or confidential information, technical data, trade secrets or know - how, including research, productplans, products, services, customer lists and customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, marketing, distribution and sales methods and systems, salesand profit figures, finances and other business information disclosed to Institution, the Principal Investigators or anyLab Affiliate by or on behalf of Company, either directly or indirectly, whether in writing, orally or by drawings orinspection of documents or other tangible property ; provided, that Confidential Information shall not include any of theforegoing items to the extent ( i ) they are or have become publicly known and made generally available through nowrongful act of Institution, any Principal Investigator or Lab Affiliate, or any other employee or agent of Institution, ( ii)was known to Institution prior to disclosure by Company, as evidenced by pre - existing written records promptlyprovided to Company by Institution or ( iii ) was disclosed to Institution without an obligation of confidentiality by a thirdparty having a lawful right to make such disclosure