definiens: - shall mean all information, data and/or know - how disclosed by either Party to the other Party in wri ting ( or if disclosed orally, visually and/or in another non - written form, identified as c onfidential at the time of disclosure, and summarized in reasonable detail in writing as t o its general content within thirty ( 30 ) days after original disclosure ) concerning the Products or concerning the technology, marketing strategies or business of the disclosing Party ( whether disclosed prior to or subsequent to the Effective Date ) . Conf idential Information shall not include information, data or know - how that the rece iving Party can show : ( a ) was in the public domain at the time of the disclosure by the disclosing Party, or thereafter becomes part of the public domain without any fault of the receiving Party ; ( b ) rightfully was in its possession prior to the discl osure by the disclosing Party ; ( c ) was lawfully obtained from a third party, who had the r ight to make such disclosures as evidenced by written records ; or ( d ) was developed by it independently of such disclosure as evidenced by written records