definiens: means all nonpublic information, whether in oral, written, recorded, electronic, or other form, that the party disclosing the information ( the ) designates as being confidential, or which, under the circumstances surrounding disclosure, the Receiving Party knows or has reason to know should be treated asconfidential . Confidential Information includes, but is not limited to the products, services, research, formulas, compilations, programs, devices, concepts, designs, configurations, methods, techniques, strategies, processes, data, knowledge, intellectual property, know - how, and unique combinations of separate items that individually may or may notbe confidential, which information is not generally known to the public and either derives economic value, actual orpotential, from not being generally known or has a character such that the Disclosing Party has a legitimate interest inmaintaining secrecy . Notwithstanding the foregoing, Confidential Information does not include information that, asevidenced by written records ( a ) was possessed by the Receiving Party before receipt ; ( b ) is or becomes generallyavailable to the public through no fault of the Receiving Party ; ( c ) is rightfully received from a third party owing no duty ofconfidentiality ; or ( d ) is independently developed by personnel of the Receiving Party