definiens: means any ! > Cientific, technical, trade or business information given by one party ( as applicable . ) or its Affiliate to the other party ( ing Party " ) or its Affiliate which is treated by the Disclosing Party as confidential or proprietary . Confidential Infonnation does not include infonnation that ( a ) is in the possession of the Receiving Party or its Affiliate at the time of disclosure hereunder, as reasonably demonstrated by competent records ; ( b ) is or later becomes generally available to the public through no fault of the Receiving Party or its Affiliate ; ( c ) is received by the Receiving Party or its Affiliate from a third party having no confidentiality obligation to the Disclosing Party or its Affiliate ; or ( d ) is developed or acquired independent ly by or on behalf of the Receiving Party or its Affiliate without reference of thc Confidemial Information, as reasonably demonstrated by competent records