definiens: . For purposes of this Agreement . shall mean technical and business information belonging to the Disclosing Party which is disclosed pursuant to this Agreement, including, where appropriate and without limitation, any information, business, financial and scientific data, Gene Product(s ), patent disclosures, patent applications, structures, models, techniques, processes and . compositions, compounds, biological samples, apparatus, and the like, and bioinformatics methods, hardware configurations and software in various stages of development or any software product ( source code, object code or otherwise ), including its audiovisual components ( menus, screens, structure and organization ) and any human or machine readable form of the program, and any writing or medium in which the program or information therein is stored, written or described, including, without limitation, diagrams, flow charts, designs, drawings, specifications, models, data, bug reports, and the like . Except to the extent expressly authorized by this Agreement, the Receiving Party agrees that, for the Initial License Period and for ten ( 10 ) years thereafter . it shall keep confidential and shall not publish or otherwise disclose and shall not use for any purpose ( except those expressly permitted under this Agreement ) any Confidential Information furnished to it by a Disclosing Party pursuant to this Agreement, and regardless of the medium on which it is provided . including know - how . except to the extent that it can be established by the Receiving Party by competent proof that such information : ( a ) was already known to it, other than under an obligation of confidentiality, at the time of disclosure by the Disclosing Party ; ( b ) was generally known to the public or otherwise part of the public domain at the time of its disclosure to it ; ( c ) became generally available to the public or otherwise part of the public domain after its disclosure other than through any act or omission of it in breach of this Agreement ; ( d ) was subsequently lawfully disclosed to it by a Third Party ; 47 ( e ) was independently discovered or developed by it without the use of the Disclosing Party 's Confidential Infonnation . as can be documented by written records created at the time of such independent discovery or development