definiens: shall mean any and all information, data or know - how ( includingKnow - How ), whether technical or non - technical, oral or written, that is disclosed by one Party or itsAffiliates ( ) to the other Party or its Affiliates ( ) . ConfidentialInformation shall not include any information, data or know - how that : ( i)was generally available to the public at the time of disclosure, or becomes available to the publicafter disclosure by the Disclosing Party other than through fault ( whether by action or inaction)of the Receiving Party or its Affiliates, ( ii)can be evidenced by written records to have been already known to the Receiving Party or itsAffiliates prior to its receipt from the Disclosing Party, ( iii)is obtained at any time lawfully from a Third Party under circumstances permitting its use ordisclosure, ( iv)is developed independently by the Receiving Party or its Affiliates as evidenced by writtenrecords other than through knowledge of Confidential Information, or ( vi)is approved in writing by the Disclosing Party for release by the Receiving Party