definiens: means information deemed confidential or proprietary by a Partyto the Agreement ( the ), including information deemed confidential orproprietary by virtue of the disclosing Party 's obligations to another Person, that may bedisclosed to, acquired by or on behalf of, the other Party ( the ) . The statusof information as Confidential Information is not affected by the means of acquisition ordisclosure . For example, Confidential Information may be acquired by written, oral, orelectronic communication ; directly from the disclosing Party 's Representative orindependent contractor, or indirectly through one or more intermediaries ; or by visualobservation . Similarly, acquisition or disclosure of information may be either intentional orinadvertent without affecting its status as Confidential Information . Notwithstandinganything to the contrary in this Agreement, Confidential Information does not include anyinformation that : A.1.8.1Is generally known to the public or becomes generally known to the public bymeans other than a breach by the acquiring Party of a contractual, legal, orfiduciary duty of confidentiality owed to the disclosing Party, its Affiliates, itsSubcontractors ( if applicable ), or any of their Representatives;A.1.8.2The acquiring Party lawfully possessed before acquiring it as a result of thisAgreement;Page 24 A.1.8.3Is or becomes available to the acquiring Party on a nonconfidential basis from athird person that is not bound by any contractual, legal, or fiduciary duty ofconfidentiality to the disclosing Party, to its Affiliates, or to the Representativesof the disclosing Party or its Affiliates ; orA.1.8.4Is developed entirely by Representatives of the acquiring Party without use ofor reference to the disclosing Party 's Confidential Information