definiens: means and includes all technical information, inventions, developments, discoveries, software, know - how, methods, techniques, formulae, animate andinanimate materials, data, processes, finances, business operations or affairs, and otherproprietary ideas, whether or not patentable or copyrightable, of either Party that are ( a ) markedor otherwise identified as confidential or proprietary at the time of disclosure in writing ; or ( b ) ifdisclosed orally, visually, or in another non - written form, identified as confidential at the time ofdisclosure and summarized in reasonable detail in writing as to its general content within 30days after original disclosure . The Parties acknowledge that ( i ) the terms and conditions of thisAgreement and ( ii ) the records and reports referred to in Section 3.9 will be deemed theConfidential Information of both Parties, regardless of whether such information is marked oridentified as confidential . Notwithstanding the foregoing, Confidential Information will not includethe following, in each case, to the extent evidenced by competent written proof of the ReceivingParty:1.9.1 information that was already known to the Receiving Party, other than under anobligation of confidentiality, at the time of disclosure by the Disclosing Party;1.9.2 information that was generally available to the public or otherwise part of the publicdomain at the time of its disclosure to the Receiving Party;1.9.3 information that became generally available to the public or otherwise part of thepublic domain after its disclosure, other than through any act or omission of the Receiving Partyin breach of this Agreement;1.9.4 information that is independently discovered or developed by the Receiving Partywithout the use of Confidential Information of the Disclosing Party ; or2CONFIDENTIAL1.9.5 information that was disclosed to the Receiving Party, other than under anobligation of confidentiality, by a Third Party who had no obligation to the Disclosing Party not todisclose such information to others