definiens: means confidential or proprietary information, data or know - how, whether provided in written, oral, visual or other form, provided by one Party ( the ) to the otherParty ( the ) in connection with this Agreement, including, but not limited to, the terms of thisAgreement and information relating to the Disclosing Party ’s existing or proposed research, development efforts, patent applications, business or products, including without limitation pricing information, vendor and customerinformation, plans, proprietary technical information, processes, formulae, data, inventions, methods, knowledge, discoveries, know - how, trade secrets, and the like . Confidential Information shall not include any such informationthat : ( i ) is already known to the Receiving Party or its Affiliates ( other than under an obligation of confidentiality ) at thetime of disclosure ( as evidenced by written records of the Receiving Party ) ; ( ii ) is or becomes generally available tothe public other than through any act or omission of the Receiving Party or its Affiliates ; ( iii ) is disclosed to theReceiving Party or its Affiliates by a Third Party who had no separate nondisclosure obligation in respect of suchinformation ; or ( iv ) is independently discovered or developed by or on behalf of the Receiving Party or its Affiliateswithout the use of the Confidential Information of the Disclosing Party ( as evidenced by written records of theReceiving Party ) . The terms of this Agreement shall be deemed Confidential Information of each Party