definiens: shall mean the following : ( i ) trade secrets concerning the Purchased Assets, including product specifications, data, know - how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, past, current andplanned research and development, current and planned manufacturing or distribution methods and processes, customer lists, current andanticipated customer requirements, advertising methods, sales methods, price lists, market studies, business plans, computer software andprograms ( including object code and source code ), computer software and database technologies, systems, structures and architectures ( andrelated formulae, compositions, processes, improvements, devices, know - how, inventions, discoveries, concepts, ideas, designs, methodsand information ), and any other information, however documented, that is a trade secret under applicable Law ; ( ii ) confidential or proprietaryinformation concerning the Purchased Assets ( which includes historical financial statements, financial projections and budgets, historical andprojected sales, capital spending budgets and plans, the names and backgrounds of key personnel, personnel training and techniques andmaterials and operating procedures ), however documented ; ( iii ) notes, analyses, compilations, studies, summaries and other materialconcerning the Purchased Assets containing or based, in whole or in part, on any information included in the foregoing ; and ( iv ) the terms ofthis Agreement and any other agreement, certificate, instrument and document contemplated hereby . The restrictions contained in thisSection 4.3.1 shall apply regardless of whether such Confidential Information ( a ) is in written, graphic, recorded, photographic or any machinereadable form or is orally conveyed to, or memorized by, Seller, or ( b ) has been labeled, marked or otherwise identified as confidential orproprietary