definiens: means any non - publicinformation disclosed by a Party either directly or indirectly to the other Party, in written, oral, visual orelectronic form or by inspection of tangible 10 objects, relating to the [COMPANY] product technology and any other business matters, including but notlimited to software, trade secrets, inventions ( whether patentable or not ), know - how, algorithms, diagrams, drawings, processes, reagents, research, product or strategic plans or collaborations or partnerships, financial information, business models, and information relating to corporate finance and governance . Thereceiving Party shall not, either directly or indirectly, disclose or use any Confidential Information of thedisclosing Party other than the business contemplated herein without prior written authorization from thedisclosing Party . To the extent that it can be established by the receiving Party by competent writtenevidence, Confidential Information shall not include information that : ( i)was already known to the receiving Party, other than under an obligation of confidentiality, at thetime of disclosure ; ( ii)was generally available to the public or otherwise part of the public domain at the time of itsdisclosure to the receiving Party ; ( iii)became generally available to the public or otherwise part of the public domain after its disclosureand other than through any act or omission of the receiving Party in breach of this Agreement ; ( iv)was subsequently lawfully disclosed to the receiving Party by a third party other than under anobligation of confidentiality ; ( v)was independently developed by the receiving Party without reference to or the use of informationprovided by the disclosing Party ; orIf the receiving Party is required by a valid order of a court or other governmental body or otherwiserequired by law to disclose Confidential Information of the disclosing Party, it shall give the disclosingParty timely written notice of such requirement before disclosing any such information and shall cooperatewith the disclosing Party, at the disclosing Party ’s expense, to seek a protective order, confidentialtreatment or other appropriate measures requiring, amongst other things, that the information and / ordocuments so disclosed be used only for the purposes for which the order was issued and parts of theinformation and/or documents so disclosed be redacted to limit the extent of disclosure