definiens: means any information that ( a ) in any way relates to a Party or Affiliate thereof, including its products, business, know- how, busine ss strategies and technology and ( b ) is furnished o r disclosed to the other Party in connection with this Agreement, and is either identified as ( or word s of similar import ) upon such disclosure or is reasonably under stood to be confidential due to the nature of the i nformation and circumstances of disclosure ; provided, however, that the term shall no t include any specific information that : ( i ) at the time of disclosure, is generally availab le to the public ; ( ii ) after disclosure hereunder, becomes generally available to the public, except as a result of a br each of this Agreement by the recipient of such information ; ( iii ) becomes available to the recipient of such in formation from a Third Party that is not legally or contractually prohibited by the disclosing Party from disclosing such Confidential Information ; or ( iv ) the recipient of which can demonstrate was dev eloped by or for such recipient without the use of any of the Confidential Information of the disclosing Party or its Affiliates hereunder