definiens: means any proprietary or confidential infonnation conununicated from one party to the other in connection or relating to this Agreement, which is identified as confidential or proprietary, or which the other party knows or has reason to know is confidential or proprietary, including the Technology and financial, marketing, business, technical and scientific infonnation or data, infOlmation related to Partner 's or [COMPANY] 's compensation of its Sales Representatives, information contained within the Annual Plan and Launch Plan, and the infOlmation described in Section 4.6, whether communicated in writing, orally or electronically . Proprietary Infonnation shall not include infonnation that the receiving party can show through written documentation : ( a ) at the time of disclosure, is publicly known ; ( b ) after the time of disclosure, beCGmes part of the public domain, except by breach of an agreement between the disclosing party or any Affiliate thereof and the receiving party or any Affiliate thereof ; ( c ) is or was in the possession of the receiving party or any Affiliate thereof at the time of disclosure by the disclosing party and was not acquired directly or indirectly from the disclosing PaJty or any Afflliate thereof or from any other party under an agreement of confidentiality to the disclosing party or any Affiliate thereof ; and ( d ) is or was developed by the receiving pa11y or its Affiliates without use of or reference to the other party 's Proprietary Information