definiens: means confidential or proprietary information, data or know -how, whether provided in written, oral, visual or other form, provided by one Party ( the ) to the other Party ( the ) in connection with this Agreement, including the terms of this Agreement and information relating to the Disclosing Party ’s existing or proposed research, development efforts, Patent applications, business or products, including Licensed Know -How . Confidential Information shall not include any such information that : ( a ) is already rightfully known to the Receiving Party or its Affiliates ( other than under an obligation of confidentiality at least as stringent as required in this Agreement ) at the time of disclosure ( as evidenced by written records of the Receiving Party ) ; ( b ) is or becomes generally available to the public other than through any wrongful act or omission of the Receiving Party or its Affiliates, including breach of this Agreement by the Receiving Party or its Affiliates ; ( c ) is disclosed to the Receiving Party or its Affiliates without an obligation of confidentiality by a Third Party who had no separate nondisclosure obligation to the Disclosing Party in respect of such information ; or ( d ) is independently discovered or developed by or on behalf of the Receiving Party or its Affiliates without the use of or reference to the Confidential Information of the Disclosing Party ( as evidenced by written records of the Receiving Party ) . The terms of this Agreement shall be deemed Confidential Information of each Party . The Parties agree that with respect to the Licensed IP, SST shall be deemed the Disclosing Party