definiens: means all information which is of a confidential and proprietary nature, including without limitation, trade secrets and unpatented Know - How and Improvements relating to the Active Ingredient or the Products and any and all formulations thereof or manufacturing methods thereof, and any and all material information either of the parties to this Agreement may acquire concerning the financial, business and marketing goals and plans of the other, including the terms of this Agreement . Notwithstanding anything in this Agreement to the contrary, the defined term and the obligations of nondisclosure, non - use and confidentiality relating thereto will, without granting any right or license, not include any information or data which : ( a ) is or becomes known to the general public through no action or fault of the receiving party ; ( b ) was already known to the receiving party prior to the date of disclosure pursuant to this Agreement, as evidenced by the written records of that party, without any obligation of confidentiality ; ( c ) is or becomes known to the receiving party without any obligation of confidentiality from a Third Party having the right to disclose the same, and not having a confidential relationship with the disclosing party with respect thereto ; or ( d ) is necessary for the receiving party or its Affiliates to disclose to a governmental authority or any agency thereof on a non - confidential basis, in order to pursue Territory Registration or other purposes