definiens: means information received ( whether disclosed in writing, electronically, orally or by observation ) by one Party ( the ) from the other Party ( the ) unless in each case such information, as shown by c ompetent evidence : ( a ) was known to the Receiving Party or to the general public prior to the Disclosing Party ’s disclosure, as demonstrated by contemporaneous writ ten records ; ( b ) became known to the general public, after the Disc losing Party ’s disclosure hereunder, other than through a breach of the confidentiality provisions of this Agreement by the Receiving Party or any Per son to whom such Receiving Party disclosed such informa tion ; ( c ) was subsequently disclosed to the Receiving Party by a Person having a legal right to disclose, without any restrictions, such information or data ; or ( d ) was developed by the Receiving Party independent o f the Disclosing Party ’s Confidential Information ; provided, however, that the Licensed Patents, the Licensed Know - How ( in each case, as it relates to Licensed Products ) and any other information that r elates to Licensed Products that is disclosed to Li censee by Satiogen hereunder shall be deemed the Confidential Information of Licensee as well as Satiogen and su bject to the confidentiality provisions hereof during the te rm of this Agreement