definiens: means and includes all technical information, inventions, developments, discoveries, software, know - how, methods, techniques, formulae, animate and inanimate materials, data, processes and otherproprietary ideas, whether or not patentable or copyrightable, of either Party ( a ) that is identified as confidential orproprietary at the time of disclosure ; or ( b ) whose confidential or proprietary status would be reasonably apparentunder the circumstances . Notwithstanding the foregoing, Confidential Information shall not include the following : 1.3.1information that is lawfully known to the receiving Party prior to the time of disclosure or independentlydeveloped by the receiving Party without use of the disclosing Party ’s Confidential Information, in eachcase, to the extent evidenced by written records;CONFIDENTIAL TREATMENT REQUESTED 1.3.2information disclosed to a Party by a Third Party that has a right to make such disclosure ; 1.3.3information that becomes patented, published or otherwise part of the public domain as a result of actsby the Party owning such information or a Third Party obtaining such information as a matter of right;or 1.3.4information that is required to be disclosed by order of a governmental authority or a court ofcompetent jurisdiction ; provided that the Receiving Party ( as defined below ) must use reasonableefforts to obtain confidential treatment of such information by the agency or court and notifies theDisclosing Party ( as defined below ) in the event that such information is required to be disclosedpursuant to Section 5.2