definiens: shall mean all Know How or other information ( whether or not patentable ) regarding a Party 's technology, products, business information or objectives, and all biological materials of a Party . Notwithstanding the foregoing, Confidential Information shall not include Know - How or other information that : ( a ) was known or used by the receiving Party or its Affiliates prior to its date of disclosure to the receiving Party ; or ( b ) either before or after the date of the disclosure to the receiving Party is lawfully disclosed to the receiving Party or its Affiliates by sources other than the disclosing Party rightfully in possession of such Know - How or other information and not bound by confidentiality obligations to the disclosing Party ; or ( c ) either before or after the date of the disclosure to the receiving Party or its Affiliates is or becomes published or otherwise is or becomes part of the public domain through no breach hereof on the part of the receiving Party or its Affiliates ; or ( d ) is independently developed by or for the receiving Party or its Affiliates without reference to or reliance upon the Confidential Information of the disclosing Party as demonstrated by written records