2 4. Proprietary Information and Confidentiality. BBB is aware that in the course of its engagement with Company during the Term and/or in connection therewith, BBB may have access to, and be entrusted with, technical, proprietary, sales, legal, financial, and other data and information pertaining to Company's business and products, including information received by Company from any third party subject to obligations of confidentiality towards said third party, all of which data and information, whether documentary, written, oral or computer generated, shall be deemed to be, and referred to as "Proprietary Information", except for such information which, on the date of disclosure, is already known to BBB without restriction on disclosure, as evidenced in records, or Proprietary Information that on the date of disclosure, is, or thereafter becomes, available in the public domain through no fault on the part of BBB, or which was provided to BBB by a third party that is not bound by confidentiality to the Company.