definiens: shall mean all confidential and/or proprietary information, materials, Know - How, software and other data, both technical and nontechnical of a party which is disclosed by such party at any time during the term of tIus Agreement pursuant to or in furtherance of this Agreement, except that which the party receiving such Confidential Information can establish by competent evidence : ( a ) is or later becomes generaJly available to the public by lise, publication or the like, through no fault of the receiving party, its officers, directors, agents or employees ; or ( b ) is obtained from a third party without restriction who had legal right to disclose the same to the receiving party ; or ( c ) the receiving party already possessed and obtained from a source other than the disclosing party prior to receipt thereof from the disclosing party ; or ( d ) is independently develop d by the receiving party without the use of Confi ~ p.qtial Information belonging to the disclosing party as evidenced by the receiving party 's written records