definiens: means any proprietary information of either party hereto, designated asconfidential at the time of disclosure or of a confidential nature, including but not limited to, all businessmethods, business documents, trade lists, supplier lists, intellectual property, patent applications, engineeringdrawings, inventions, trade secrets, apparatus, costs, designs, formulation, know how, compounds, components, chemical formulations, production process, compositions, IPR and Information ; informationrelated to the Products ; and information of a business and commercial nature, such as financial andmarketing information, trademarks and designs disclosed in any form or medium whatsoever . The Productand the production process of the Product are the Confidential Information of [COMPANY] . ConfidentialInformation will not include information which : ( a ) is in, or enters, the public domain other than due to a breachof this Agreement ; ( b ) was known to the receiving party prior to the disclosure thereof with no obligations ofconfidentiality to the disclosing party ; ( c ) developed independently by the receiving party outside the scope ofthis Agreement and without any use of the Confidential Information ; ( d ) is legally transmitted or disclosed tothe receiving party by a third party which owes no obligation of confidentiality to the disclosing party ; or ( e ) isrequired to be disclosed under applicable law