definiens: means all infonnation, knowledge or data : ( a ) of an intellectual, technical, scientific or industrial nature, patentable or otherwise, in which a Party has a proprietary or ownership interest, including, without limitation, technical data, drawings, photographs, scans, specifications, standards, analytical methods, techniques, manuals, reports, fonnulas, compilations, processes, infonnation, lists, trade secrets, computer software, programs, devices, equipment, concepts, inventions, designs, and know - how ( including the INEX Technology ) ; ( b ) pertaining to the business and affairs of a Party, including, without limitation, financial infonnation, marketing, manufacturing and commercial strategies, patent positioning, business plans, strategies and developments, including any negative developments ; or ( c ) provided or disclosed to a Party by Third Parties subject to restrictions on use or disclosure, whether oral or written, furnished by the disclosing Party to the receiving Party or any of its Representatives, whether furnished or prepared before or after the Effective Date of this Agreement, and includes all analyses, 1.1.22 1.1.23 1.1.24 4 compilations, data, studies, reports or other documents based upon or including any of such information, data or knowledge and, in all cases, all copies and tangible embodiments thereof, in whatever form or medium ; provided that Confidential Information shall not include such information which : ( a ) can be demonstrated by the receiving Party by written record to have been known or otherwise available to the receiving Party prior to the disclosure by the disclosing Party ; ( b ) can be demonstrated by the receiving Party by written record to have been in the public domain at the time of disclosure ; ( c ) after disclosure, can be demonstrated by the receiving Party by written record to have subsequently become part of the public domain other than as a consequence of a breach of this Confidential Disclosure Agreement by the receiving Party or its Representatives ; ( d ) after disclosure, can be demonstrated by the receiving Party by written record to have been subsequently provided to the receiving Party by a Third Party, but only to the extent that the receiving Party can demonstrate that such disclosure does not violate any obligations of the Third Party to the disclosing Party ; or ( e ) the receiving Party can demonstrate by written records results from research and development activity conducted by the receiving Party or any of its Affiliates independently and in advance of disclosure by the other Party thereof