definiens: means all secret, confidential, or proprietary information or data, whether provided in written, oral, video, computer, or other form or format, provided by one party ( lithe Disclosing PartyReceiving Party " ) pursuant to this Agreement or generated pursuant to this Agreement, including, but not limited to, information relating to the Disclosing Party 's existing or proposed research and development efforts, patent applications, business or products, the terms of this Agreement, and any other materials that have not been made available by the Disclosing Party to the general public . Notwithstanding the foregoing sentence, Confidential Information shall not include any information or materials that : ( i ) are already bOWD to the Receiving Party ( other than under obligation of confidentiality ) at the time of disclosure by the Disclosing Party, to the extent the Receiving Party has documentary evidence to that effect ; ( ii ) are generally available to the public or otherwise part of the public domain at the time of its disclosure to the Receiving Party ; ( iii ) become generally available to the public or otherwise part of the public domain after its disclosure or development, as the case may be, and other than through any act or omission of a party in breach of such party 's confidentiality obligations under this Agreement ; ( iv ) are subsequently lawfully disclosed to the Receiving Party by a third party who had no obligation to the Disclosing Party not to disclose such information to others ; ( v ) are independently discovered or developed by or on behalf of the Receiving Party without the use of the Disclosing Party 's Confidential Information, to the extent the Receiving Party has documentary evidence to that effect ; ( vi ) are approved for release by the Disclosing Party in writing ; or ( vii ) are required by law to be disclosed