definiens: means the propr ietary or confidential information of a party ( each, a ) which is disclosed to the other part y ( each, a ) before or after the EFFECTI VE DATE and ( i ) is identified as by DIS CLOSER in writing prior to disclosure and ( ii ) rela tes to products, plans, designs, costs, prices, finances, marketing plans, business opportunities, personnel, research, development, know - how, trade secrets, inventions, b lueprints, techniques, chemical or biological mater ials, drugs, devices, specimens, apparatus, processes, al gorithms, software programs, schematics, designs, c ontracts, customer lists, procedures, formulae, patent applic ations and other information relating to DISCLOSER ’ s business, services, processes or technology . CONFID ENTIAL INFORMATION shall not include information that : ( i ) was known by RECIPIENT, or was publicly a vailable, prior to disclosure by DISCLOSER to RECIPIENT ; ( ii ) become publicly available after dis closure by DISCLOSER to RECIPIENT through no act of RECIPIENT ; ( iii ) is hereafter rightfully furnished to RECIPIENT by a third party without confidentiali ty restriction ; or ( iv ) is disclosed with the prior wr itten consent of DISCLOSER or as expressly authoriz ed under this AGREEMENT