definiens: as used herein shall mean each party 's confidential information, know - how or data, and includes manufacturing, marketing, personnel and other business information and plans, whether in oral, written graphic or electronic form, and which is identified as confidential . Confidential information shall not be deemed confidential, and the receiving party shall have no obligation with respect to any information which is ( a ) known by the receiving party prior to disclosure by the furnishing party, and reduced to writing by the receiving party, ( b ) information which is in the public domain or subsequently enters the public domain through no fault of either party, ( c ) information that is received by the receiving party from an independent third party with the lawful right to disclose . All test and development data, processes, methods and other technology developed by Debio pursuant to the Agreement shall also be 1.4 '' Debio '' shall mean [COMPANY] S.A. and Affiliates