definiens: means all information, knowledge or data : ( a ) of an intellectual, technical, scientific or in dustrial nature, patentable or otherwise, in which a Party has a proprietary or ownership interest, incl uding, without limitation, technical data, drawings, photographs, scans, specifications, stand ards, analytical methods, techniques, manuals, reports, formulas, compilations, processes, information, lists, trade secrets, computer software, programs, devices, equipment, co ncepts, inventions, designs, and know - how ( including Technology ) ; ( b ) pertaining to the business and affairs of a Par ty, including, without limitation, financial information, marketing, manufacturing and commercia l strategies, patent positioning, business plans, strategies and developments, includ ing any negative developments ; or ( c ) provided or disclosed to a Party by Third Parti es subject to restrictions on use or disclosure, whether oral or written, furnished by the disclosin g Party to the receiving Party or any of its Representatives, whether furnished or prepared befo re or after the Effective Date of the Definitive Agreements, and includes all analyses, c ompilations, data, studies, reports or other documents based upon or including any of such infor mation, data or knowledge and, in all cases, all copies and tangible embodiments t hereof, in whatever form or medium ; 4 provided that Confidential Information shall not in clude such information which : ( a ) can be demonstrated by the receiving Party by w ritten record to have been known or otherwise available to the receiving Party prior to the disclosure by the disclosing Party ; ( b ) can be demonstrated by the receiving Party by w ritten record to have been in the public domain at the time of disclosure ; ( c ) after disclosure, can be demonstrated by the re ceiving Party by written record to have subsequently become part of the public domain other than as a consequence of a breach of this Confidential D isclosure Agreement by the receiving Party or its R epresentatives ; ( d ) after disclosure, can be demonstrated by the re ceiving Party by written record to have been subsequently provided to the receiving Party by a T hird Party, but only to the extent that the receiving Party can demonstrate that such disclosur e does not violate any obligations of the Third Party to the disclosing Party ; or ( e ) the receiving Party can demonstrate by written reco rds results from research and development activity conducted by the receiving Party or any of its Affiliates independently and in advance of disclosure by the other Party thereof