definiens: means all information, regardless of its form, disclosed by one party to the other and identiﬁed as at the time of disclosure, except that does not include information : ( i)possessed by the recipient ( the ) before receipt from the disclosing party ( the ), other than throughprior disclosure by the Discloser, as evidenced by the Recipient ’s business records ; ( ii)published or available to the general public otherwise than through a breach of this Agreement ; ( iii)obtained by the Recipient from a third party with a valid right to disclose it, provided that the third party is not under aconfidentiality obligation to the Discloser ; or ( iv)independently developed by employees, agents or consultants of the Recipient who had no knowledge of or access to theDiscloser ’s information as evidenced by the Recipient ’s business records;all information and documents related to the Technology ( including all derived analyses and conclusions ), and the terms andconditions of this Agreement will be deemed Confidential Information of both parties