definiens: means ( A ) this Agreement and any schedules and attachments hereto, ( B ) the Product, and ( C ) any other information disclosed by [COMPANY] to [COMPANY] . Notwithstanding the other provisions of this Agreement, nothing received by [COMPANY] will be considered to be [COMPANY] Confidential Information if [COMPANY] can establish by competent proof that ( A ) such information has been published or is otherwise readily available to the public other than by a breach of this Agreement ; ( B ) such information has been rightfully received by [COMPANY] from a third party without confidential limitations ; ( C ) such information has been independently developed for [COMPANY] by personnel or agents ; or ( D ) such information was known to [COMPANY] prior to its first receipt from [COMPANY] . [COMPANY] may only disclose [COMPANY] Confidential Information to those employees of [COMPANY] who are required to have the information in order to perform its obligations under this Agreement and third parties who are bound by 6 confidentiality restrictions no less stringent than those contained in this Agreement . Notwithstanding the foregoing limitations on disclosure, [COMPANY] may disclose such information as is required by any law, rule, regulation, order, decision, decree, subpoena or other legal process to be disclosed . If such disclosure is requested by legal process, [COMPANY] will notify [COMPANY] of this request promptly prior to any disclosure to permit [COMPANY] to oppose such disclosure by appropriate legal action