definiens: will mean information concerning a Party 's technology or business that Vision or Healthsource receive from Athena or that Athena receives from Vision or Healthsource ih connection with this Agreement, including, without limitation, computer programs and codes, data relating to the disclosing Party 's customers and customer transactions and other technical, business, financial, customer and product development plans, forecasts, strategies and information about the Party or its business . Except with respect to Practice Information, will not include information that ( i ) is otherwise agreed by the Parties in writing not to be Confidential Information, ( ii ) is in or ( through no improper action or inaction by the Party receiving it or any affiliate, agent or employee ) enters the public domain, ( iii ) is established by the receiving Party using contemporaneous business records to have to have been rightfully in that Party 's possession or known by it prior to receipt from the disclosing Party, ( iv ) is established by the receiving Party using contemporaneous business records to have been rightfully disclosed to the receiving Party by another person without restriction or ( v ) is established by the receiving Party using contemporaneous business records to have been independently developed by the receiving Party by persons without access to the Confidential Information and without use of any such information