definiens: means any and all information disclosed by the Disclosing Party to the Receiving Party that is confidential or proprietary or otherwise maintained as a trade secret, whether in oral, written, graphic or electronic form . Confidential Information shall not include any information that the Receiving Party can demonstrate by its written or other tangible business records ( a ) is or becomes, through no act or failure to act on the part of the Receiving Party, generally known or generally available in the public domain ; ( b ) is in the Receiving Party ’s possession, free of any obligati on of confidence, at the time it is communicated to the Receiving Party by the Disclosing Party ; ( c ) is rightfully communicated to the Receiving Party by a Third Party, free of any obligation of confidence ; or ( d ) is independently conceived by it without access to or use of such information . Information that is otherwise Confidential Information and consists of a combination of information shall not be deemed to be in the public domain if individual elements of such information are in the public domain, unl ess the specific combination of those elements is also in the public domain