definiens: means all information, data, know -how and ------------------------ all other business, technical and financial data disclosed hereund er by one party or any of its Affiliates to the other party or any of its Affiliates, except any portion thereof which : ( a ) at the time of disclosure, is in the public domain ; ( b ) after disclosure, becomes part of the public domain by publication or otherw ise, except by breach of this Agreement by the recipient ; ( c ) the recipient can demonstrate by its written records was in the recipient 's possession at the time of such disclosure, and which was not acquired, directly or indirectly, from the disclosing party ; ( d ) is lawfully disclosed to the recipient on a non -confidential basis by a third party who is not obligated to the disclosing party or any other third party to retain such Confidential Information in confidence ; ( e ) results from research and develo pment by the recipient independent of such disclosure as shown by competent evidence ; or ( f ) is required to be disclosed by legal process ( provided the party so disclosing information timely informs the other party and uses its best efforts to limit the di sclosure and maintain confidentiality to the extent possible and permits the other party to attempt by appropriate legal means to limit such disclosure )