definiens: means any and all Matrix Intellectual Property Rights including with regards to the Licensed Produ cts and/or the Compounds, the Company 's Intellectua l Property Rights, the terms and conditions of this A greement, and any and all oral, written, electronic or other communications and other information disclosed or p rovided by one party to the other, including any an d all analyses or conclusions drawn or derived therefrom regarding this Agreement, and information developed or disclosed hereunder, or any party 's raw materials, processes, formulations, analytical procedures, met hodologies, products, samples and specimens or functions, exclu ding ( i ) information possessed by a party prior to receipt from the other party, other than through prior disc losure by such party ; ( ii ) published or available t o the general public otherwise than through a breach of this Agre ement ; ( iii ) obtained by the party from a third par ty with -29- a valid right to disclose it, provided that said th ird party is not under a confidentiality obligation to the first party ; ( iv ) independently developed by employees, agents o r consultants of such party ; ( v ) is required to be disclose under applicable laws ( including securities laws ) o r regulations, or by an order of a competent judici al body, all ( i ) to ( v ) which can be proven by written records