definiens: means all information disclosedhereunder in writing or orally, visually or through some other media, except any portion thereof which : ( a ) is knownto the recipient at the time of the disclosure, as evidenced by its written records or other competent evidence;(b ) is disclosed to the recipient by a third person lawfully in possession of such information and not under anobligation of nondisclosure ; ( c ) is or becomes patented, published or otherwise part of the public domain throughno fault of the recipient ; ( d ) is developed by or for the recipient independently of Confidential Information disclosedhereunder as evidenced by the recipient ’s written records or other competent evidence ; or ( e ) is required by law tobe disclosed by the recipient, provided that the recipient gives the disclosing party hereto prompt notice of suchlegal requirement such that the disclosing party shall have the opportunity to apply for confidential treatment ofsuch Confidential Information . The burden of proof for these exceptions lies with recipient . Each party agrees that, except as expressly provided in this Agreement, it shall not disclose Confidential Information received from theother party, and shall not use Confidential Information disclosed to it by the other party, for any purpose otherthan to fulfill each parties ’ obligations under this Agreement . Notwithstanding the foregoing, Buyer shall be entitledto disclose Confidential Information to its distributor in the United States, including its territories and possessions