definiens: means ( i ) the terms and conditions of this Agreement ( ii ) any proprietary or confidential information or material, including all trade secrets, in tangible form disclosed hereunder that is marked as at the time it is delivered to the receiving party, or ( iii ) proprietary or confidential information or material, including all trade secrets, disclosed orally hereunder which is identified as confidential or proprietary when disclosed and such disclosure of confidential information is confirmed in writing ( or by facsimile or email ) within thirty ( 30 ) days by the disclosing party ; provided however, that the above information shall not be deemed Confidential Information, to the extent the receiving party can establish by competent written proof that such information : 1.6.1 was already known to the receiving party, other than under an obligation of confidentiality owed to the disclosing party, at the time of disclosure ; 1.6.2 was generally available to the public or otherwise part of the public domain at the time of its disclosure hereunder to the receiving party ; 1.6.3 becomes generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving party in breach of this Agreement ; 1.6.4 is independently developed by the receiving party without reference to any Confidential Information disclosed by the disclosing party ; or 1.6.S was subsequently disclosed to the receiving party by a person other than the disclosing party without breach of any legal obligation to the disclosing party