definiens: shall mean all non - public business or technical information, whether or not stored in any medium, relating to the disclosing party 's busi ness ( and those of its parent and affiliate companies, suppli ers and customers ) including but not limited to, eq uipment, software, designs, samples, technology, technical d ocumentation, product or service specifications or strategies, marketing plans, pricing Information, financial inf ormation, information relating to existing, previou s and potential suppliers, customers, contracts and products, inven tions, unreleased software applications, methodolog ies, policies and procedures, all Intellectual Property and other know - how, drawings, photographs, models, mock - ups, and design and performance specifications, production v olumes, production schedule, employees and other se rvice providers, and all other confidential or proprietar y information used exclusively in the Business, inc luding any Transferred Intellectual Property . In the event tha t the Seller or any of its agents, representatives, Affiliates, employees, officers or directors becomes legally co mpelled to disclose any such Confidential Information, the Seller shall, to the extent it is legally permitted to do so, provide notice to the Buyer in writing and consult with the Buyer regardi ng the disclosure of such information and use its c ommercially reasonable efforts to obtain any appropriate protec tive order, at the Buyer ’s cost, or other reasonabl e assurance that confidential treatment will be accorded such i nformation . In the event that such protective order or other remedy is not obtained, or the Buyer waives complia nce with this Section 6.02, the Seller shall furni sh only that portion of such Confidential Information which, in the opinion of the Seller ’s counsel ( which may incl ude in - house counsel ), is legally required to be provided and ex ercise its commercially reasonable efforts to obtai n assurances that confidential treatment will be accorded such i nformation . This Section 6.02 shall not apply to a ny information that, at the time of disclosure, is available publi cly and was not disclosed in breach of this Agreeme nt by the Seller or any of its agents, representatives, Affiliates, employees, officers or directors . In addition, with respect to Intellectual Property, any combination of features shall not be deemed to be within the foregoing exce ption merely because the individual features are in the public d omain unless the combination itself and its princip le of operation are in the public domain or would be reasonably und erstood by one skilled in the applicable art