definiens: of any Party shall mean any information of a confidential or proprietary nature of such Party and shall include, without limitation, all business, strategy, pricing and marketing information o f such Party, all patents, copyrights, trademarks, service marks, trade dress and other proprietary rights and applications for or with respect to any of the foregoing of such Party, and all discoveries, inventions, improvements, documents, know -how, propr ietary rights and ideas related to any process, method, formula, machine, device, manufacture, composition of matter, plan or design owned or developed by such Party, whether patentable or not, that the other Party acquires under, through, as a result of o r during the term of this Agreement . Notwithstanding the foregoing, a Party 's Confidential Information shall not include any information which : ( i ) has been published or otherwise becomes a matter of public knowledge by any means other than the other Party 's default in the observance or performance of any term or provision of this Agreement or any other obligation on its part to be observed and performed ; ( ii ) was known to the other Party at the time of such disclosure without a requirement of confidentiali ty, as evidenced by its written business records ; ( iii ) is at any time disclosed to the other Party by any person or entity not a party hereto whom the other Party believes, after reasonable inquiry, has the right to so disclose the same ; or ( iv ) is requir ed to be disclosed in compliance with any law governmental regulation, or court order, provided that the Party disclosing the same shall notify the Party to which such information belongs ten ( 10 ) days in advance of any such disclosure, if feasible