definiens: means ( a ) any nonpublic or conﬁdential information relating to any Product or the Transferred Assets, except to theextent that such information ( i ) shall have become public knowledge other than through improper disclosure by the Seller, any of its Aﬃliates or any oftheir respective Representatives or ( ii ) shall have become known to the Seller or any of its Aﬃliates after the Closing from a source ( other than the Buyerand its Aﬃliates ) not known by it to be bound by a conﬁdentiality obligation to any Person with respect to such information and ( b ) any Transferred Know - How ; provided that any information contained in a Quarterly Report or in a statement delivered to the Seller pursuant to Section 1.9(e)(iv ) shall bedeemed not to constitute for all purposes hereunder