definiens: shall mean any and all information, data or know - how ( includingKnow - How ), whether technical or non - technical, oral or written, that is disclosed by one Party or its Affiliates or Sublicensees ( ) to the other Party or its Affiliates ( ) in connection with this Agreement . Confidential Information shall not include anyinformation, data or know - how that:1.30.1 was generally available to the public at the time of disclosure, or becomes available to the public after disclosure by theDisclosing Party other than through fault ( whether by action or inaction ) of the Receiving Party or its Affiliates,1.30.2 can be evidenced by written records to have been already known to the Receiving Party or its Affiliates prior to its receiptfrom the Disclosing Party,1.30.3 is obtained at any time lawfully from a Third Party under circumstances permitting its use or disclosure,1.30.4 is developed independently by the Receiving Party or its Affiliates as evidenced by written records other than throughknowledge of Confidential Information, or1.30.5 is approved in writing by the Disclosing Party for release by the Receiving Party