definiens: ) . Confidential Information shall mean competitively sensitive materials and information, in whatever form, writte n, oral or otherwise, that include, but shall not b e limited to ( i ) all versions of the Medidata Applications and D ocumentation, ( ii ) the distinctive methods or proce dures which Medidata uses in the design, development, lic ensing, support, or maintenance of the Medidata Applications, ( iii ) the terms and pricing under thi s Agreement, ( iv ) each party ’s business processes a nd strategies, and ( v ) all information clearly identif ied by either party as confidential . Notwithstandin g the foregoing, a party ’s Confidential information shall not include information that, as evidenced by docu mentary evidence : ( a ) is or becomes generally available to the public through no act or omission of the other party ; ( b ) was in the other party ’s lawful possession prio r to the disclosure and had not been obtained by th e other party either directly or indirectly from the disclosing p arty or from a third party whom the receiving party knows or should know is under an obligation of confidentiali ty with the owner of the Confidential Information ; ( c ) is lawfully disclosed to the other party by a third pa rty without restriction on disclosure ; ( d ) is indep endently developed by the other party ; or ( e ) is obligated t o be disclosed by court order or government require ment