definiens: shall mean any and all proprietary or confidentialinformation of TSRI or Licensee which may be exchanged between the parties 1at any time and from time to time during the term of this Agreement . Information shall not be considered confidentialto the extent that the receiving party can establish by competent proof that it:(a ) Is publicly disclosed through no fault of any party hereto, either before or after it becomes known to thereceiving party ; or(b ) Was known to the receiving party prior to the date of disclosure, which knowledge was acquiredindependently and not from another party hereto ( or such party ’s employees ) ; or(c ) Is subsequently disclosed to the receiving party in good faith by a third party who has a right to makesuch disclosure ; or(d ) Has been published by a third party as a matter of right ; or(e ) Is required to be disclosed by law or court order, in which event the party required to make suchdisclosure shall limit the same to the minimum required to comply with the law or court order, and prior to makingsuch disclosure that party shall notify the other party, not later than ten ( 10 ) days before the disclosure in order toallow that other party to comment and/or to obtain a protective or other order, including extensions of time and thelike, with respect to such disclosure