definiens: shall mean, and collectively include, all non - public information relating to the business, plans and/or technology of either party including, but not limited to, this Agreement, technical information including inventions, methods, plans, processes, specifications, source code, object code, characteristics, raw data, equipment design, know - how, experience, and trade secrets, developmental, marketing, sales, operating, performance, and cost information ; computer programming techniques ; information relating to the Sample RNA, designed oligonucleotides, Array Data, and Analyzed Data ; and all record bearing media containing or disclosing the foregoing information and techniques including written business plans, patents and patent applications, grant applications, notes, and memoranda, whether in writing or presented, stored or maintained in or by electronic, magnetic, or other means, to the extent that such information ( a ) as ofthe date of disclosure by the disclosing party to the receiving party, was not known to the receiving party as evidenced by written documentation, ( b ) was not disclosed in published literature or otherwise generally available to the public, ( c ) became generally available to the public after the date of disclosure, ( d ) was obtained from a third party without binder of secrecy, provided, however, that such third party has no confidentiality obligations to the disclosing party or any of its affiliates or ( e ) is at any time independently developed by employees or agents of the receiving party who have had no access to or use of such information