definiens: means any information that is not generally known to the publicand that is or has been used, developed or obtained by the Seller and its Affiliates to the extent itrelates to the Purchased Assets, including : ( i ) products or services ; ( ii ) fees, costs and pricingstructures ; ( iii ) designs and specifications ; ( iv ) analyses ; ( v ) drawings, photographs and reports;(vi ) computer software, including electronic mail, operating systems, applications and programlistings ; ( vii ) flow charts, transaction summaries and models, manuals and documentation ; ( viii)databases ; ( ix ) financial reports, investment summaries, and accounting and business methods;(x ) ideas, formulas, compositions, inventions, devices, new developments, methods andprocesses, whether patentable or unpatentable and whether or not reduced to practice ; ( xi)supplier, customers and clients and supplier, customer, contact or client lists and other marketingdata or plans ; ( xii ) know - how ; ( xiii ) manufacturing and production processes and techniques ; ( xiv)research and development information ; ( xv ) files and records ; and ( xvi ) all similar and relatedinformation in whatever form, except that Confidential Information will not include any informationthat ( 1 ) has been published in a form generally available to the public or becomes part of publicdomain, other than as a result of a disclosure by the parties hereto or their respectiverepresentatives ; ( 2 ) was known or was otherwise in possession of the receiving party prior to thetime of disclosure of such information by the disclosing party or ( 3 ) is developed by the receivingparty independent of and without reference to any Confidential Information disclosed by thedisclosing party under this Agreement