definiens: shall mean any information and materials of either party or any of their respective Affiliates, which gives such party an advantage over its competitors who do not possess such information and constitutes valuable trade secrets, or information or materials which a party otherwise considers to be confidential and/or proprietary that was revealed to the other party as a result of entering into or performing its obligations under this Agreement, including but not limited to, information which relates to Product(s ), the Program, Target Customers, designs, methods, research and development, discoveries, improvements, documents, trade secrets, proprietary rights, business affairs or employee information . Confidential Information shall not include any information that, as demonstrated by satisfactory evidence : ( a ) Was known to the receiving party prior to execution of this Agreement without an obligation to keep it confidential ; ( b ) Was lawfully obtained by the receiving party from a third party without any obligation of confidentiality ; ( c ) Is, at the time of disclosure, in the public domain ; ( d ) Becomes part of the public domain after disclosure by publication or otherwise, except by breach of this Agreement ; ( e ) Is developed by or for the receiving party independently and apart from the disclosing party 's Confidential Information ; or ( f ) Is otherwise knowledge possessed by the receiving party or its employees without access or reference to the disclosing party 's Confidential Information as the result of their industry experience or education