8.1. Each party will treat as confidential all information obtained from the other pursuant to this Agreement. Neither party will divulge such information to any persons
(except to their employees (for whom that party will be responsible) and then only to those employees who need to know) without the other party’s prior written consent.
8.2. In relation to either party, confidential information means any information relating to the business or affairs of that party and includes, without limitation, its designs,
drawings, manufacturing know how, object codes, source codes, planned modifications to hardware or software, planned enhancements to hardware or software, product knowledge, quality standards, research and development, unpublished specifications, technical information, pricing, manipulated data, business plans, business processes, methodologies, techniques, general know-how, costs and margins, customer lists, financial data, internal price information, market research, marketing plans, sales forecasts and trade secrets.
8.3. Clauses 8.1 and 8.2 do not extend to information which:
(a) can be established by written records to be already known to the recipient at the time of disclosure; or
(b) which is in or enters the public domain through no fault of the recipient.
8.4. This clause 8 will survive termination of this Agreement.