definiens: as used in this Section 10.2 means the following, whether disclosed prior to or after the Effective Date : ( i ) as to Purchaser, al l confidential information relating to the business and operations of Purchaser and its Affiliates ( including the Assets, the C ompound, any Product and the Assumed Liabilities ), and ( ii ) as to Se ller, all confidential information relating to the business an d operations of Seller and its Affiliates ( including the Excluded Liabilities or other obligations other than the Assumed Liab ilities, but excluding the Assets, the Compound, any Product and t he Assumed Liabilities ) ; provided, however, that the term does not include information which ( x ) becomes g enerally available to the public other than as a result of disclo sure by the Disclosing Party or ( y ) becomes available to the Disclos ing Party after the Closing on a non - confidential basis from a sour ce other than the Non - disclosing Party ( provided that suc h source is not bound by a confidentiality agreement with the Non- disclosing Party )