definiens: means all information ( scientific, clinical, regulatory, marketing, financial, commercial, or otherwise, including [COMPANY] Know - How ) disclosed or provided by, or on behalf of, [COMPANY] to Prosidion or Prosidion 's designees in connection with this Agreement whether disclosed or provided prior to, or after, the Effective Date and whether provided orally, visually, electronically, or in writing, except such information that Prosidion can show : ( a ) was, prior to the date of [COMPANY] 's disclosure, known to it, as shown by competent written evidence, or already in the public domain ; ( b ) became part of the public domain, after [COMPANY] 's disclosure hereunder, through no breach of this Agreement by Prosidion or by any person or entity to whom Prosidion disclosed such information ; ( c ) was subsequently disclosed to Prosidion, without any restrictions, by a person or entity having lawful possession of, and a legal right to disclose, such information ; or ( d ) was developed by Prosidion without use, and independent, of [COMPANY] Confidential Information, as shown by competent written evidence