definiens: means any information, Know -How or other proprietary information or materials furnished to one Party by the other Party pursuant to this Agreement, except to the extent that such information or materials : ( a ) was already known to the receiving Party, other than under an obligation of confidentiality, at the time of disclosure by the other Party, as demonstrated by competent evidence ; ( b ) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving Party ; ( c ) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving Party in breach of this Agreement ; ( d ) was disclosed to the receiving Party by a Third Party who had no obligation to the disclosing Party not to disclose such information to others ; or ( e ) was subsequently developed by the receiving Party without use of the Confidential Information, as demonstrated by competent evidence