definiens: shall mean all information and data that ( a ) is provided by one party tothe other party under this Agreement, and ( b ) if disclosed in writing or other tangible medium is marked or identified asconfidential at the time of disclosure to the recipient, is acknowledged at the time of disclosure to be confidential, orotherwise should reasonably be deemed to be confidential . [COMPANY] ’ Confidential Information includes, withoutlimitation, embodiments of the Licensed Know - How Rights . Eton ’s Confidential information includes, without limitation, the Assets . Notwithstanding the foregoing, Confidential Information of a party shall not include that portion of suchinformation and data which, and only to the extent, the recipient can establish by written documentation : ( i ) is knownto the recipient as evidenced by its written records before receipt thereof from the disclosing party, ( ii ) is disclosed tothe recipient free of confidentiality obligations by a third person who has the right to make such disclosure, ( iii ) is orbecomes part of the public domain through no fault of the recipient, or ( iv ) the recipient can reasonably establish isindependently developed by persons on behalf of recipient without access to or use of the information disclosed bythe disclosing party