definiens: means all information ( scientific, clinical, regulatory, marketing, financial, commercial, or otherwise, including Prosidion Know - How ) disclosed or provided by, or on behalf of, Prosidion to [COMPANY] or [COMPANY] 's designees in connection with this Agreement ( including its Affiliates and Sublicensees ), whether disclosed or provided prior to, or after, the Effective Date and whether provided orally, visually, electronically, or in writing, except such information that [COMPANY] can show : ( a ) was, prior to the date of Pro sid ion 's disclosure, known to it, as shown by competent written evidence, or already in the public domain ; ( b ) became part of the public domain, after Prosidion ' s disclosure hereunder, through no breach of this Agreement by [COMPANY] or by any person or entity to whom [COMPANY] disclosed such information ; ( c ) was subsequently disclosed to [COMPANY], without any restrictions, by a person or entity having lawful possession of, and a legal right to disclose, such information ; or ( d ) was developed by [COMPANY] without use, and independent, of Prosidion Confidential Information, as shown by competent written evidence