definiens: sh all mean any and all information ( whether in writte n, electronic, visual, verbal or other form ) received from the other Party or its representatives, includ ing, but not limited to, all information relating to any technol ogy, product, method, process or intellectual prope rty of such disclosing Party ( including, but not limited to, Pa tent Rights, and other owned or licensed intellectu al property rights, data, Know - How, samples, technical and non- technical materials and specifications ), as well as any business plan, financial information, research data or results, or other confidential commercial infor mation of or about such disclosing Party ; provided, however, tha t Confidential Information shall not include any in formation that : ( a ) is or becomes part of the public domain o ther than by unauthorized acts or omissions of the Party obligated not to disclose such Confidential Informa tion or its employees, directors, officers, or agen ts ( collectively, the ) ; ( b ) can be s hown by written documents to have been disclosed to the Receiving Party by a Third Party ; provided, however, that such Third Party had no obligation of confid entiality or non - use to the disclosing party with respect to such Confidential Information ; or ( c ) can be shown by written documents to have been in the possession of the Rec eiving Party prior to disclosure by the disclosing Party ; provided, however, that such Confidential Informati on was not obtained directly or indirectly from the other Party to this Agreement pursuant to a confidentiali ty agreement . Notwithstanding any other provisions of this Article, Alimera Know - How shall be Confidential Inf ormation of Alimera and CDS Technology shall be Confidential Information of CDS