definiens: means confidential or proprietary information, data or know - how, whether provided in written, oral, visual or other form, provided by one Party ( the ) to the other Party(the ) in connection with this Agreement, including, but not limited to, the terms of this Agreementand information relating to the Disclosing Party ’s existing or proposed research, development efforts, patentapplications, business or products . Confidential Information shall not include any such information that : ( i ) is alreadyknown to the Receiving Party or its Affiliates ( other than under an obligation of confidentiality ) at the time of disclosure(as evidenced by written records of the Receiving Party ) ; ( ii ) is or becomes generally available to the public other thanthrough any act or omission of the Receiving Party or its Affiliates that is in breach of this Agreement ; ( iii ) is disclosedto the Receiving Party or its Affiliates by a Third Party who had no separate nondisclosure obligation in respect ofsuch information ; or ( iv ) is independently discovered or developed by or on behalf of the Receiving Party or itsAffiliates without the use of the Confidential Information of the Disclosing Party ( as evidenced by written records ofthe Receiving Party ) . The terms of this Agreement shall be deemed Confidential Information of each Party