definiens: means information disclosed by a party ( ) to the other ( collectively, ) pursuant to this Agreement which information is marked with, or other similar legend . If Confidential Information is orally disclosed, it shall be identified as such at the time of disclosure and a brief written description and confirmation of the confidential nature of the information shall be sent to the Recipient within 30 days after the disclosure . Confidential Information, however, shall not include any information which : ( 1 ) is known to the Recipient at the time of its disclosure to the Recipient ; ( 2 ) is or becomes publicly known through no wrongful act of the Recipient ; ( 3 ) is received from a third party without a restriction on its disclosure ; ( 4 ) is independently developed by the Recipient or an affiliate of the Recipient ; ( 5 ) is furnished to any third party by the Discloser without a similar restriction on such third party 's rights ; or ( 6 ) is approved for release by the prior written consent of the Discloser