Definition. For the purposes of these Terms, “Confidential Information” means the Application and any and all (i) technical and non-technical information including, but not limited to, patented, non-patented, trade secret and proprietary information, techniques, development roadmaps, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment and algorithms related to the application, and related Documentation, (ii) information relating to costs, prices and names, finances, marketing plans, business opportunities, personnel, research, development or know-how of Exivity, (iii) all non-public information of Exivity. Notwithstanding the foregoing, “Confidential Information” shall not include information that: (1) is or becomes generally known or available through no fault of Licensee; (2) is lawfully obtained from a third party who has the right to make such disclosure; or (3) is publicly released for publication in writing by Exivity.