definiens: means all confidential information, data and materials in w'hatever form disclosed by or on behalf of one party or its Affiliates to the other party or its Affiliates including . without 2 us J DOCS 7688 J 4 7\2 limitation . the terms of this AgreemenL data, formulae, patent disclosures, processes, protocols, specifications, Know - How, pricing strategies . agreements with Marketing Partners, marketing plans and sales forecasts . but excl udillg information which either party can establish by written documentation : ( i ) at the time of disclosure, is in the public domain or IS public knowledge : ( ij ) aner disclosure, becomes part of the public domain by publication, except by breach of any obligation of confidentiality by a party hereto or an Affil iate of such party : ( iii ) was already in its possession at the time of its receipt and was not acquired directly or indirectly from the other party or its Affi liates : or ( iv ) received from Third Parties who were lawfully entitled to disclose such information : means in relation to any party or an Affiliate the posseSSIon, directly or indirectly, of the povver to direct or cause the direction of the management and policies of such firm, person or company, by contract or otherwise . or the ownership either directly or indirectly of 50 % or more of the voting securities of such company, cOlvoration, firm, individual or entity