definiens: of a Party shall mean an y and all material or information of a Party or any of its Affiliates ( the ) which has or shall come into the possession or knowledge of the other Party or any of its Affiliates ( the ) in connection with, or as a result of, entering into this Agreement including information concernin g the Disclosing Party ’s past, present and future c ustomers, suppliers, technology, and business . For the purpos es of this definition, and include know - how, data, patents, copyrights, trade secrets, processes, techniques, programs, designs, formulae, marketing, advertising, financial, commercial, sale s or programming materials, written materials, comp ositions, drawings, diagrams, computer programs, studies, wor k in progress, visual demonstrations, ideas, concep ts, and other data, in oral, written, graphic, electronic, or any other form or medium whatsoever . Notwithstan ding the foregoing, does not incl ude the following material or information : ( i ) material or information which is in the public doma in when it is received by or becomes known to the Recipient Party or which subsequently enters the pu blic domain through no fault of the Recipient Party ( but only af ter it enters the public domain ) ; ( ii ) material or information which is already known to t he Recipient Party at the time of its disclosure to the Recipient Party by the Disclosing Party and is not the subject of an obligation of confidence of any kind ; ( iii ) material or information which is independently deve loped by the Recipient Party without any use of or reference to the Confidential Information of the Di sclosing Party where such independent development can be established evidence that would be acce ptable to a court of competent jurisdiction ; and ( iv ) material or information which is received by the Re cipient Party in good faith without an obligation o f confidence of any kind from a third party who the R ecipient Party has not reason to believe was not lawfully in possession of such information free of any obligation of confidence of any kind, but only until the Recipient Party subsequently comes to hav e reason to believe that such information was subject to an obligation of confidence of any kind wh en originally received