definiens: means any information ( whether or not marked and regardless of the medium of communication ) that rel ates to the disclosing party or its business, inclu ding, without limitation, trade secrets, know - how, software, meth odologies, processes, procedures, data, templates, forms, algorithms, specifications, drawings, technology, i nformation pertaining to business operations and st rategies, and information pertaining to customers, pricing and ma rketing . Confidential Information shall not include information that : ( i ) the receiving party can demonstrate is al ready known to the receiving party without restrict ion on use or disclosure prior to receipt of such information fro m the disclosing party ; ( ii ) is CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH . A COMPLETE VERSION OF THIS EXHIBIT HAS BEE N FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSU ANT TO RULE 24B-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 19 34, AS AMENDED