definiens: means all books, records, files, documentation, correspondence, training materials, artwork, labeling, lists and other materials, includingresearch information, information relating to clinical trials, sales and promotional literature, manuals, data ( including, pre - clinical and clinical data ), sales and purchase correspondence, lists of present and former suppliers, list of present and former customers and personnel andemployment records, in each case whether in hard copy or computer format, exclusivelyused or held for exclusive use in the Rhofade Business or with respect to any prescription orover - the - counter drug product for topical application solely to treat facial redness due torosacea or any product containing oxymetazoline for the treatment of facial redness due torosacea by application to the skin, including Rhofade Product ; provided, that any portion ofthe books, records or other items that are subject to restrictions on transfer pursuant toHIPAA or other applicable regulations regarding personally identifiable information or subjectto Seller ’s privacy policies regarding personally identifiable information with respect to whichtransfer would require any Regulatory Authorization under Applicable Law may be redactedby Seller only to the extent required to comply with Applicable Law . For the avoidance ofdoubt, ( x ) books and records relating to performance ratings or assessments of employeesof Seller and its Affiliates shall not be deemed to be Product Books and Records unless suchrecords are required to be transferred to Buyer pursuant to Applicable Law, and ( y ) Seller andits Affiliates shall be entitled to retain any copies of the Product Books and Records to theextent and only for the period required under Applicable Law