definiens: means all confidential, unpublished, nonpublic and/or proprietary information of eitherParty and its affiliates, whether in written, printed, verbal or electronic form, including, without limitation : research anddevelopment activities, pre - clinical study information, clinical trial information and data, product design details andspecifications, databases, equipment, electronic media products, protocols, technology and know - how, sales andmarketing plans, finances and business forecasts, procurement requirements, vendor information, customer lists, personnel information, and strategic plans, related to the Development and Commercialization of a Product providedby one Party to the other in the course of their activities under this Amended Agreement . Confidential Information willnot include information that : ( a ) is now, or hereafter becomes generally known or available to the public through no actor failure to act on the part of the receiving Party ; ( b ) was acquired by the receiving Party before receiving suchinformation from the disclosing Party through no breach of any duty of confidentiality owed to the disclosing Party andwithout restriction as to its use or disclosure ; ( c ) is hereafter rightfully furnished to the receiving Party by a third partywithout any breach of any duty of confidentiality owed to the disclosing party and without restriction as to its use ordisclosure ; or ( d ) is information that the receiving Party can document was independently developed by the receivingParty without any use of the disclosing Party ’s Confidential Information