definiens: means any scientific, technical, trade or business information related to the subject of the Agreement, irrespective of whether in human or machine - readable form, tangible or intangible, which is : ( a ) given by the Disclosing Party to the Receiving Party or otherwise acquired or perceived by the Receiving Party from the Disclosing Party ; or ( b ) which is developed by one Party for the other under the terms of this Agreement . Confidential Information does not include information that : ( a ) is in possession of the Receiving Party at the time of disclosure, as demonstrated by written records and without obligation of confidentiality ; ( b ) is or later becomes part of the public domain through no fault of the Receiving Party ; ( c ) is received by the Receiving Party from a Third Party without breach of an obligation of confidentiality ; or ( d ) is developed independently by the Receiving Party without any use of, access to, reference to, or reliance upon the Disclosing Party 's Confidential Information, in whole or in part . Disclosing Party is not obligated to mark information as to be deemed Confidential Information under this Agreement . Confidential Information of BVL includes, but is not limited to, BVL Technology, BVL Improvements and BVL Manufacturing processes, techniques, know - how and pricing information . Confidential Information of Customer includes, but is not limited to, Customer Technology and Customer Improvements . This Agreement shall not be construed as a grant of any right or license to the Receiving Party with respect to Confidential Information of the Disclosing Party or as a requirement of either Party to enter into any further arrangement with respect to Confidential Information of the Disclosing Party