definiens: means any technical, scientific, regulatory, commercial, business or other confidential, proprietary, or trade secret information provided by or on behalf of the Disclosing Party to theReceiving Party pursuant to this Agreement or otherwise relating to or disclosed during anytransaction contemplated hereby ( including information disclosed prior to the Effective Dateunder the Confidentiality Agreement ), including information relating to the terms of thisAgreement, the Products, Target Prescribers / Accounts, and the scientific, regulatory or businessaffairs of either Party ; provided that, Confidential Information shall not include any informationthat the Receiving Party can demonstrate by competent written proof:(i ) is in the public domain by use and/or publication at the time of its receipt fromthe Disclosing Party or thereafter enters into the public domain through no fault of the ReceivingParty ; or(ii ) was already in the Receiving Party ’s possession prior to receipt from theDisclosing Party or is developed independently of information received from the Disclosing Party, in each case as demonstrated by contemporaneous written documentation ; or(iii ) is obtained by the Receiving Party from a source ( other than a Party or itsRepresentatives ) which is not bound by a confidentiality agreement or other contractualrestriction that may prohibit the disclosure of such information