definiens: . Confide ntial Information means all Know - How or other confidential or proprietary infor mation and materials ( whether or not patentable ) regarding a Party 's technology, products or business, which is designated as confidential in writing by the dis closing Party, whether by letter or by the use of an appropriate stamp or leg end, prior to or at the time any such Know - How or other information or material is disclosed by the disclosing Party to the other Party . Notwithstandin g the foregoing to the contrary, Know - How or other information or material that is orally or visually disclosed by a Party, or is disclosed in writing wi thout an appropriate letter, stamp or legend, shall constitute Confidential Info rmation of a Party ( a ) for thirty ( 30 ) days after its disclosure and thereafte r shall remain Confidential Information if within such 30 - day period after such disclosure the disclosing Party delivers to the other Party a written documen t or documents describing the Know - How or other information or material and refer encing the place and date of such oral, visual or written disclosure and the nam es of the persons to whom such disclosure was made or ( b ) such information is of the type that is customarily considered to be confidential informati on by persons engaged in activities that are substantially similar to the ac tivities being engaged in by the Parties pursuant to this Agreement . shall not include information : ( i ) which is or becomes genera lly available to the public other than as a result of disclosure thereof by the Receiving Party ; ( ii ) which is lawfully received by the Receiving Party on a no n - confidential basis from a Third Party that is not itself under any obligation of confidentiality or nondisclosure to the Disclosing Party or any other Person with respect to such information ; ( iii ) which is already known to the Re ceiving Party at the time of disclosure by the Disclosing Party, or ( iv ) which c an be shown by the Receiving Party to have been independently developed by the R eceiving Party without reference to the Disclosing Party 's Confidential In formation