definiens: shall mean and collectively include all technical information pertaining to the TSAR Technology including all research and development information, unpatented inventions, formulas, methods, plans, processes, specifications, characteristics, equipment design, know - how, experience and trade secrets to the extent that, as of the date of disclosure to [COMPANY], is not ( a ) known to [COMPANY] ; ( b ) disclosed in the published literature ; ( c ) generally available to industry ; or ( d ) obtained by [COMPANY] from a third party without binder of secrecy, provided however, that such third party has no 7 confidentiality obligations to University . All such information which is characterized as University Confidential Technology shall cease to be confidential, when, through no fault or omission of [COMPANY], such information becomes ( a ) disclosed in the published literature ; or ( b ) generally available to industry ; or ( c ) obtained by [COMPANY] from a third party without binder of secrecy, provided however, that such third party has no confidentiality obligations to the University