Site; information obtained from server logs or other records of users accessing the Brown Site; proprietary and trade secret information of Brown in oral, graphic, written, electronic or machine readable form; and the existence of, and terms and conditions of, this Agreement. Brown Confidential Information shall not include information which can be demonstrated: (i) to have been rightfully in the possession of West from a source other than Brown prior to the time of disclosure of said information to West hereunder ("Time of Disclosure"); (ii) to have been in the public domain prior to the Time of Disclosure; (iii) to have become part of the public domain after the Time of Disclosure by a publication or by any other means except an unauthorized act or omission or breach of this Agreement on the part of West, its employees, or unauthorized act or omission or breach of this Agreement on the part of West, its employees, or agents; or (iv) to have been supplied to West after the Time of Receipt without restriction by a third party who is under no obligation to Brown to maintain such information in confidence.1.3 Brown ContentThe term "Brown Content" shall mean all materials provided by Brown to West hereunder, including but not limited to text, graphics, or materials generated in any form or media.1.4 Brown MarksThe term "Brown Marks" shall mean the trademarks, trade names, service marks, or logos owned, controlled, or licensed by Brown.1.5 DeliverablesThe term "Deliverables" shall means the deliverables to be provided to Brown by West hereunder as described herein and/or in Schedule A hereto.1.6 Design DirectionThe term "Design Direction" shall mean a design proposal for the Brown Site, including without limitation a complete storyboard description of the Brown Site showing the opening page, content and link structure, logo design, descriptions of elements containing Java, JavaScript, Shockwave or RealAudio, and sample interactions within t...
