definiens: means and includes all technical information, inventions, developments, discoveries, software, know - how, methods, techniques, formulae, animate and inanimate materials, data, processes, and otherproprietary ideas, whether or not patentable or copyrightable, of either Party ( a ) that is identified as confidential orproprietary at the time of disclosure ; or ( b ) whose confidential or proprietary status would be reasonably apparentunder the circumstances . The Parties acknowledge that the terms and conditions of this Agreement shall be deemedthe Confidential Information of both Parties . Notwithstanding the foregoing, Confidential Information shall not includethe following, in each case, to the extent evidenced by competent written proof of the Receiving Party:1.6.1 information that was already known to the Receiving Party, other than under an obligation of confidentiality, at the time of disclosure by the Disclosing Party;1.6.2 information that was generally available to the public or otherwise part of the public domain at the time of itsdisclosure to the Receiving Party;1.6.3 information that became generally available to the public or otherwise part of the public domain after itsdisclosure and other than through any act or omission of the Receiving Party in breach of this Agreement;1.6.4 information that is independently discovered or developed by the Receiving Party without the use ofConfidential Information of the Disclosing Party ; or1.6.5 information that was disclosed to the Receiving Party, other than under an obligation of confidentiality, by aThird Party who had no obligation to the Disclosing Party not to disclose such information to others