definiens: shall mean any and all information, data or know - how ( including Kn ow - How ), whether technical or non - technical, oral or w ritten, that is disclosed by one Party or its Affil iates ( ) to the other Party or its Affiliates ( ), whether under this Agreement or under the RFO Agreement, except that the results of the Collaboration are the Confidential Information of both Parties ( to avoid doubt, subject to [COMPANY] ’s right t o use such results within the Field and 4DMT ’s righ t to use such results outside the Field or inside the Field for Non - Optionable 4DMT Product Classes under the t erms of this Agreement ) . Confidential Information shall not include any information, data or know - how that : ( i ) was generally available to the public at the ti me of disclosure, or becomes available to the publi c after disclosure by the Disclosing Party other than throu gh fault ( whether by action or inaction ) of the Receiving Party or its Affiliat es, ( ii ) can be evidenced by written records to have be en already known to the Receiving Party or its Affiliates prior to its receipt from the Disclosing Party, ( iii ) is obtained at any time lawfully from a Third Party under circumstances permitting its use or disclosure, ( iv ) is developed independently by the Receiving Pa rty or its Affiliates as evidenced by written recor ds other than through knowledge or use of Confidential Information, ( v ) is required to be disclosed by the Receiving Pa rty or its Affiliates to comply with a court or administrative order providing the Receiving Party or its Affiliates furnishes prompt notice ( in no event less than [ * * * ] ( [ * * * ] ) days ) to the Disclosing Party to enable it to resist such disclosure, or ( vi ) is approved in writing by the Disclosing Party for release by the Receiving Party