definiens: means all Technolog y and all financial, marketing, competitive, or other business informati on, including but not 1 limited to information about any element of Technol ogy or a party 's business, which is disclosed by one party to the other hereun der and indicated as confidential by the disclosing party except to the extent that such information ( i ) as of the date of disclosure is demonstrably kn own to the party receiving such disclosure or its Affiliates, as shown by writ ten documentation, other than by virtue of a prior confidential disclosure to suc h party or its Affiliates ; ( ii ) as of the date of disclosure is in, or subsequ ently enters, the public domain, through no fault or omission of the party r eceiving such disclosure ; or ( iii ) as of the date of disclosure or thereafter is obtained from a third party free from any obligation of confidentiality to the disclosing party