definiens: means all proprieta ry or confidential information of [COMPANY], includ ing all information concerning the Product, Product Improve ments ( as defined below ), or Product Know - How ( as defined below ), any data derived there from, or any other trade secrets, information, technical data, know - how, and other confidential and proprietary information, including, but not limited to, that which relates to research, products, services, customers, markets, software, p roduct plans, protocols, methods, developments, inv entions ( whether patentable or not ), chemical compounds, mi xtures, formulas, formulations, manufacturing proce sses, strategies, processes, designs, drawings, engineeri ng information, marketing or finances . Specifically excluded from shall be informati on which : ( a ) is or becomes part of the public doma in, through no fault of either party ; ( b ) is lawfully d isclosed without limitation to TEAMM by a third par ty who is not obligated to retain such information in confide nce ; or ( c ) is required to be disclosed by law, reg ulation, or order of a court or other tribunal of competent jurisdiction, provided that TEAMM provide s [COMPANY] with ( i ) prior written notice of such p roposed disclosure, in order to allow [COMPANY] to take rea sonable and lawful actions to avoid and/or minimize the extent of such disclosure and ( ii ) reasonable assistance i n minimizing the extent of such disclosures, as req uested by [COMPANY]