definiens: shall mean any and all information, data or know - how ( includingKnow - How ), whether technical or non - technical, oral or written, that is disclosed by one Party or itsAffiliates ( ) to the other Party or its Affiliates ( ) . ConfidentialInformation shall not include any information, data or know - how that:(i)was generally available to the public at the time of disclosure, or becomes available to the public afterdisclosure by the Disclosing Party other than through fault ( whether by action or inaction ) of theReceiving Party or its Affiliates,(ii)can be evidenced by written records to have been already known to the Receiving Party or itsAffiliates prior to its receipt from the Disclosing Party,(iii)is obtained at any time lawfully from a Third Party under circumstances permitting its use ordisclosure,(iv)is developed independently by the Receiving Party or its Affiliates as evidenced by written recordsthat evidence such development without the knowledge of the Confidential Information transferredhereunder, or(v)is approved in writing by the Disclosing Party for release by the Receiving Party