definiens: shall mean any and all proprietary or confidential information of TSRI or Licensee that the applicable party ( the ) discloses to the other party ( the ) at any time and from time to time du ring the term of this Agreement . The provisions of this Agreement shall be considered the Confidential Information of both parties . Information shall not be considered confidential to the extent that the Receiving Party can establish by competent proof tha t such information : ( a ) is publicly disclosed through no fault of the Receiving Party, either before or after it becomes known to the Receiving Party ; ( b ) was known to the Receiving Party prior to the date of this Agreement, which knowledge was acquired independently and not from the Disclosing Party ( or the Disclosing Party ’s employees ) ; or ( c ) is subsequently disclosed to the Receiving Party in good faith by a third party who is not under any obligation to maintain the confidentiality of such information, and without breach of this Agreement by the Receiving Party