definiens: means any information, technical data, or know - how, including, but not limited to, that which relates to research, development, products, biological materials, chemical compounds, processes, testdata, animal studies, clinical trials, markets, inventions, marketing orfinances, which Confidential Information is designated in writing to beconfidential or proprietary, or if given orally, is confirmed promptly inwriting as having been disclosed as confidential or proprietary . ConfidentialInformation does not include information, technical data or knowhow which ( i ) isin the possession of the receiving party at the time of disclosure as shown bythe receiving party 's files and records immediately prior to the time ofdisclosure ; or ( ii ) prior to or after the time of disclosure becomes part of thepublic knowledge or literature, not as a result of any action or inaction of thereceiving party ; or ( iii ) is approved for release by the disclosing party, or(iv ) is at any time disclosed to the receiving party by a third party without, to the knowledge of the receiving party, violation of any obligation ofconfidentiality