definiens: means any and all confidential or proprietary information anddocumentation, including, without limitation, trade secrets, Know - How, Licensed Technology and the terms and conditions ofthis Agreement ( except as required by a party to enforce its rights hereunder ), but excluding confidential or proprietaryinformation that ( as determined by competent documentation):(i ) was known or used by Licensee prior to its date of disclosure to Licensee;(ii ) either before or after the date of the disclosure to Licensee, is lawfully disclosed toLicensee by sources other than the Licensor rightfully in possession of the Confidential Information;(iii ) either before or after the date of the disclosure to Licensee, becomes published orgenerally known to the public, without the Licensee violating this Section 7 ; or5(iv ) is independently developed by or for Licensee without reference to or reliance upon theConfidential Information or any Licensed Technology