strategies (including business, marketing, development, sales and other commercial strategies), internal practices, plans, timetables, forecasts and other information regarding a partys products or services and markets therefor (including names, costs, pricing, sales and credit information and market studies), (ii) inventions, developments, ideas, techniques, methods, discoveries, results, trade secrets, know-how, copyrightable material, patents and patent applications, works of authorship and other confidential intellectual property, (iii) designs, specifications, documentation, components, software (including source code), object code, algorithms, data, data structures, scripts, applications, programming interfaces, images, icons, audiovisual components and objects, schematics, drawings, models, mask works, graphics, protocols, processes, formulae and other visual depictions, in whole or in part, of any of the foregoing, and (iv) marketing, human resources, legal, accounting, financial, organizational and other business information and records; provided, however, that a partys Confidential Information does not include any of the foregoing items to the extent the same have become publicly known and made generally available through no wrongful act of the other party or of others. Each party understands and agrees that (1) the above list is not exhaustive and each partys Confidential Information also includes documents, materials and other information marked or otherwise identified as confidential or proprietary or that would otherwise appear to a reasonable person to be confidential, secret, proprietary or otherwise non-public in the context and circumstances in which the such documents, materials or information are known or used and (2) Confidential Information developed by Apex in the course of the Engagement shall be subject to the terms and conditions hereof as if Crypto furnished the same Confidential Information to Apex in the first instance. Confidential Information also includes any personally identifiable information of an individual.
(a) During and after the term of the Engagement, each party will treat all Confidential Information and Associated Third Party Confidential Information of the disclosing party, to the extent that such disclosing party is permitted to share such information with the other party, as strictly confidential and will not, directly or indirectly, access, use, copy, remove or disclose to any entity or person (including any employee of such party not having the need and authority to know and use the Confidential Information or Associated Third Party Confidential Information, as applicable, in connection with such partys business), in whole or in part, any Confidential Information or Associated Third Party Confidential Information, except as required in the performance of such partys performance of its obligations hereunder or with the written authorization of an executive officer. Notwithstanding the foregoing, nothing herein shall be construed to prevent disclosure of Confidential Information or Associated Third Party Confidential Information as may be required by applicable law or regulation or pursuant to the valid order of a court of competent jurisdiction or an authorized government agency, provided that (i) such disclosure does not exceed the extent of disclosure required by such law, regulation or order and (ii) the receiving party promptly provides written notice of any such order to an executive officer of the disclosing party and allows the disclosing party to seek a protective order or other appropriate remedy. Each party also agrees to comply with any and all reasonable policies and guidelines that may be adopted from time to time regarding the other partys Confidential Information, Associated Third Parties and Associated Third Party Confidential Information.
(b) Each party agrees that, during the term of the Engagement, such party will not improperly use, disclose or induce the other party to use any confidential, secret, proprietary or otherwise non-public information or trade secrets of any other entity or person. Each party also agrees that it will not bring onto the other partys premises, or transfer onto the other partys technology systems, any unpublished document, materials, source code, proprietary information or trade secret belonging to any such other entity or person unless consented to in writing by both the other party and such other entity or person.