definiens: means confidential or proprietary information, data or know - how, whether provided in written, oral, visual or other form, provided by one Party ( the ) to the other Party ( the ) in connection with this Agreement, including bul not limited to, the terms of this Agreement and information relating to the Disclosing Party 's existing or proposed research, development efforts, patent applications, business or products . Confidential Information will not include any such information that : ( i ) is already known to the Receiving Party ( other than under an obligation of confidentiality ) at the time of disclosure ( as evidenced by written records of the Receiving Party ) ; ( ii ) is or becomes generally available to the public other than through any act or omission of the Receiving Party ; ( iii ) is disclosed to the Receiving Party without obligation of confidentiality by a Third Party who had the legal right to disclose such information ; or ( iv ) is independently discovered or developed by or on behalf of the Receiving Party without the use or benefit of the Confidentiallnfonnation of the Disclosing Party ( as evidenced by written records of the Receiving Party )