definiens: means ( a ) the results ofthe Research and ( b ) any proprietary or confidential information, technical data, trade secrets orknow - how, including research, product plans, products, services, customer lists and customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, marketing, distribution and sales methods and systems, sales and profitfigures, finances and other business information disclosed to Institution, the PrincipalInvestigators or any Lab Affiliate by or on behalf of Company, either directly or indirectly, whetherin writing, orally or by drawings or inspection of documents or other tangible property ; provided, that Confidential Information shall not include any of the foregoing items to the extent ( i ) they areor have become publicly known and made generally available through no wrongful act ofInstitution, any Principal Investigator or Lab Affiliate, or any other employee or agent of Institution,(ii ) was known to Institution prior to disclosure by Company, as evidenced by pre - existing writtenrecords promptly provided to Company by Institution or ( iii ) was disclosed to Institution without anobligation of confidentiality by a third party having a lawful right to make such disclosure