definiens: means all proprietary and confidential information of a party, including, withoutlimitation, trade secrets, technical information, business information, sales information, customer and potentialcustomer lists and identities, product sales plans, license and sublicense agreements, inventions, developments, discoveries, know - how, methods, techniques, formulae, data, processes, and other proprietary ideas, whether or notprotectable under patent,2 [ * CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT . EACHSUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK [ * * * ], HAS BEENFILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION . ] trademark, copyright, or other legal principles, that the other party has access to or receives, but does not includeinformation that ( a ) is or becomes publicly available through no breach of this Agreement by the receiving party;(b ) was already known to the receiving party at the time it was disclosed to the receiving party hereunder ; ( c ) isindependently developed by employees of the receiving party without the aid, use, or application of ConfidentialInformation received from the disclosing party hereunder ; or ( d ) is received from a Third Party which is under noobligation of confidentiality to the disclosing party