definiens: means the confidential or proprietary scientific, regulatory, clinical, technical or busi ness information, materials and technologies of a Party disclosed or learned under this Agreement, includin g the Work Plans and any information exchanged prior to t he Effective Date, whether in written, oral, electr onic, photographic, magnetic or other form . For clarity, the Data and Intellectual Property owned by a Party pursuant to this Agreement shall be deemed the Confidential Information of such Party . Confidential Information shall exclude any information that : 11.1.1 is known by the receiving Party without rest riction at the time of receipt and not through a prior disclosure by the disclosing Party ; 11.1.2 is at the time of disclosure or thereafter becomes published or otherwise part of the public domain through no breach of this Agreement by the receiving Party ; 11.1.3 is subsequently disclosed to the receiving P arty without restriction by a third party having the right to make such a disclosure ; or 11.1.4 is developed by the receiving Party independ ently of Confidential Information received by it from the disclosing Party hereunder