definiens: means non - public information relating to the business, operations or products, including any Know - How, of a party ( ) or its Affiliates, regardless of its form or medium asprovided to the other party ( ) or its Affiliates in connection with this Agreement or otherwisebecomes known to the Receiving Party by virtue of this Agreement, provided that, Confidential 3 Information shall not include any information that the Receiving Party can show by competent evidence : ( a ) isalready known to the Receiving Party at the time it is disclosed to the Receiving Party by the DisclosingParty ; ( b ) is or becomes generally known to the public through no act or omission of the Receiving Party inviolation of the terms of this Agreement ; ( c ) has been lawfully received by the Receiving Party from a ThirdParty without restriction on its disclosure and without, to the knowledge of the Receiving Party, a breach bysuch Third Party of an obligation of confidentiality to the Disclosing Party ; or ( d ) has been independentlydeveloped by the Receiving Party without use of or reference to the Confidential Information of the DisclosingParty