definiens: shall mean any and all information, data or know - how(including Know - How ), whether technical or non - technical, oral or written, that is disclosed byone Party or its Affiliates ( ) to the other Party or its Affiliates ( ) . Confidential Information shall not include any information, data or know - how that:(a)was generally available to the public at the time of disclosure, or information thatbecomes available to the public after disclosure by the Disclosing Party other than through fault(whether by action or inaction ) of the Receiving Party or its Affiliates,14(b)can be evidenced by written records to have been already known to the ReceivingParty or its Affiliates prior to its receipt from the Disclosing Party,(c)is obtained at any time lawfully from a Third Party under circumstances permitting itsuse or disclosure,(d)is developed independently by the Receiving Party or its Affiliates as evidenced bywritten records other than through knowledge of Confidential Information, or(e)is approved in writing by the Disclosing Party for release by the Receiving Party