definiens: means any and all information or data relating toARCS ( including, but not limited to, ARCS Technology, DPI Technology andProducts ) which a party discloses to the other party, its employees orrepresentatives, or is conceived or reduced to practice during the Term by eitherparty or by a third party working with a party in connection with ARCS or inconnection with this Agreement, whether in writing, orally or by observation, including, without limitation, all scientific, clinical, technical, commercial, financial and business information and Know - How, and other information or dataconsidered confidential in nature . Confidential Information shall not includeinformation which:(a ) is known to the receiving party at the time of disclosure and documentedby written records of the receiving party made prior to the date ofdisclosure;(b ) is subsequently disclosed to the receiving party without any obligations ofconfidence by an unaffiliated third person who has not obtained it directlyor indirectly from the other party and who has the right to make suchdisclosure;l•(c ) becomes patented, published or otherwise part of the public domain;(d ) is independently developed by or for the receiving party by person(s)having no knowledge of or access to such information and without breachof any confidentiality obligation, as evidenced by its written records ; or(e ) is required to be disclosed by legal, regulatory, statutory or governmentalprocess or authorities, provided in each case the party disclosinginformation promptly informs the other and uses its best efforts to limit thedisclosure and to maintain confidentiality to the maximum extent possibleand permits the other party to attempt by appropriate legal means to limitsuch disclosure