definiens: means each Party 's confidential infonnation, inventions, know - how ( including Program Know - How ) and data, and shall include, without limitation, infonnation relating to research and development plans, experiments, results and plans, the existence of compounds, therapeutic leads, candidates and products, clinical and preclinical data, trade secrets and manufacturing, marketing, financial, regulatory, personnel and other business infonnation and plans, whether in oral, written, graphic or electronic fonn and whether in existence as of the Effective Date or developed or acquired later, except where such infonnation ( i ) is public knowledge at the time of disclosure by the disclosing Party, ( ii ) becomes public knowledge through no fault of the receiving Party, ( iii ) was in the possession of the receiving Party at the time of disclosure by the disclosing Party as evidenced by proper business records, or ( iv ) is disclosed to the disclosing Party by a Third Person, to the extent such Third Person 's disclosure was not made on a confidential basis or in violation of any obligation of confidentiality