definiens: means any information, Know - How or other proprietaryinformation or materials furnished to one Party ( ) by the other Party ( ) pursuant to this Agreement, except to the extent that such information ormaterials : ( a ) was already known to the Receiving Party, other than under an obligation ofconfidentiality, at the time of disclosure by the Disclosing Party, as demonstrated by competentevidence ; ( b ) was generally available to the public or otherwise part of the public domain at thetime of its disclosure to the Receiving Party ; ( c ) became generally available to the public orotherwise part of the public domain after its disclosure and other than through any act or omissionof the Receiving Party in breach of this Agreement ; ( d ) was disclosed to the Receiving Party by aThird Party who had no obligation to the Disclosing Party not to disclose such information toothers ; or ( e ) was subsequently developed by the Receiving Party without use of the DisclosingParty Confidential Information, as demonstrated by competent evidence