Confidential Information: “Confidential Information” shall mean all information, whether oral, written, or electronic, obtained from Spring-Green during your review of this Brochure. Confidential Information shall include, but is not limited to information concerning all aspects of the business of Spring-Green and its affiliates; financial statements, business and marketing plans; contractual relations, collection, tabulation and analysis of data; computer programming methods, source code, object code, designs, specifications, plans, drawings and similar materials; programs, databases, inventions (whether or not eligible for legal protection under patent, trademark, or copyright laws) research and development; work in progress; and any other document which one would consider to be of a confidential nature, whether or not marked as “confidential.”

The term "Confidential Information" does not include information that:

1. was in the public domain prior to your review of this brochure or subsequently came into the public domain through no fault of you;
2. was lawfully received from a third party not, to your knowledge, subject to any contractual or fiduciary duty not to disclose;
3. was already known or in your possession prior to receipt thereof from Spring-Green, as evidenced by your written records;
4. iis required to be publicly disclosed in a judicial or administrative proceeding after all reasonable legal remedies for maintaining such information in confidence have been exhausted.

You agree not disclose any Confidential Information without the prior written consent of the Spring-Green other than in conformity with the terms of this Confidentiality Statement. You futher agree to limit access to the Confidential Information to your accountants, lawyers, and other advisers who have a need-to-know in connection with your discussions with Spring-Green and will be bound by the terms of this Confidentiality Statement.

You acknowledge that any breach of this Confidentiality Statement would cause irreparable harm to Spring-Green which would be difficult, if not impossible, to quantify in monetary damages. You hereby consent to the grant of immediate injunctive relief to the Spring-Green upon material breach of this Confidentiality Statement, in addition to all other remedies available in equity and at law. Spring-Green shall be entitled to recover its costs of suit and reasonable expenses in any suit to enforce this.