definiens: means all proprietary information disclosed by or on behalf of either Party hereto(a ) to the other Party hereto ( a ), or any of the Disclosing Party ’s or Receiving Party’semployees, officers, directors, affiliates, subcontractors, agents, successors or assigns ( collectively andtogether with the Disclosing Party, the or together with the Receiving Party, the ), including information relating to the matters that are the subject of this Agreement, including the terms, existence and nature ofthis Agreement, or relating to the Disclosing Party ’s other past, present or future research, technology, know - how, ideas, concepts, designs, products, markets, customer information, computer programs, prototypes, processes, machines, articles ofmanufacture, compositions of matter, business plans and operations, technical information, drawings, or specifications ; exceptinformation which is : ( i ) at the time of disclosure, or thereafter becomes lawfully part of the public domain through no act oromission by the Receiving Party ; ( ii ) lawfully in the possession of Receiving Party prior to disclosure by or on behalf ofDisclosing Party, as shown by written records ; ( iii ) lawfully disclosed to the Receiving Party by a third party which did notacquire the same under an obligation of confidentiality from or through the Disclosing Group ; or ( iv ) independently developedby the Receiving Party without use of Confidential Information, as shown by written records