definiens: means any information, Know - How or other proprietary information or materialsfurnished to one Party by the other Party pursuant to this Agreement, except to the extent that such information ormaterials : ( a ) was already known to the receiving Party, other than under an obligation of confidentiality, at the time ofdisclosure by the other Party, as demonstrated by competent evidence ; ( b ) was generally available to the public orotherwise part of the public domain at the time of its disclosure to the receiving Party ; ( c ) became generally availableto the public or otherwise part of the public domain after its disclosure and other than through any act or omission ofthe receiving Party in breach of this Agreement ; ( d ) was disclosed to the receiving Party by a Third Party who had noobligation to the disclosing Party not to disclose such information to others ; or ( e ) was subsequently developed by thereceiving Party without use of the Confidential Information, as demonstrated by competent evidence