definiens: shall mean and include a ny and all financial and other information relating to PMSI 's or the Company 's business and their respective relationships with Teijin, the Software, the Documentation, information relating to the Software ( including but not limited to technical information such as design specifications, instruct ions, and know - how ) acquired either directly or indirectly by either party hereu nder ; provided, however, that all such Confidential Information shall be clearly marked as and the term shall not inclu de any information which : ( 1 ) has become or entered the pub lic domain through no fault of the receiving party ; or ( 2 ) was in the demonstrable posse ssion of the receiving party prior to or at the time of receipt hereunder ; or ( 3 ) was or has been obtained lawf ully from a third party ; or ( 4 ) has been independently develo ped by the receiving party without violation of its obligations under this Agr eement, and which independent development is properly documented by such party