definiens: means all discoveries, trade secrets, inventions ( whether or not patentable ), data, materials, and information created by either Party, or created jointly by both Parties, in connection with this Agreement ( including, but not limited to, Project Patents and Project Know How ) and that are created during the course of performing the activities contemplated by this Agreement, and whether provided orally, electronically, visually or in writing, except such discoveries, trade secrets, inventions, materials, data, or information that a Party can demonstrate, through its contemporaneous written records : ( i ) was known to such Party or to the public prior to its creation hereunder ; 126483 7 ( ii ) became known to the public, after its creation hereunder, other than through an unauthorized act of such Party or of any person to whom such Party disclosed such information ; ( iii ) was subsequently disclosed to such Party by a person having lawful possession of, and a legal right to disclose without any restrictions, such information ; or ( iv ) was developed by such Party without use, and independent, of the Project Confidential Information