This excerpt taken from the ATVI 10-K filed Jun 14, 2007.
13.2.4 Exceptions. The foregoing restrictions shall not apply to any portion of Publishers Confidential Information which:
(i) was previously known by the SCE Company without restriction on disclosure or use, as proven by written documentation of the SCE Company;
(ii) comes into the possession of the SCE Company from a third party which is not under any obligation to maintain the confidentiality of such information;
(iii) is or legitimately becomes part of information in the public domain through no fault of the SCE Company, or any of its employees, directors, agents, consultant or subcontractors;
(iv) is independently developed by the SCE Companys employees, consultants or subcontractors who have not had access to or otherwise used Publishers Confidential Information (or any portion thereof), as proven by written documentation of the SCE Company;
(v) is required to be disclosed by court, administrative, or governmental order; provided that the SCE Company attempts, prior to the issuance of any such order, to maintain the confidentiality of Publishers Confidential Information, including asserting in any action or investigation the restrictions set forth in this Agreement, and immediately after receiving notice of any such action, investigation, or threatened action or investigation, notifies Publisher of such action, investigation, or threatened action or investigation, unless the SCE Company is ordered by a court not to so notify; or
(vi) is approved for release by written authorization of Publisher.