definiens: shall mean all information, whether technical, commercial, or otherwise ( including, but not limited to, Know - How, technical and non - technical materials and specifications ) disclosed b y any of the parties hereto, or its Affiliates, licensees or sub - licen sees ( the ) to the other party or any of its Affiliates, licensees or sub - licensees ( the ) which the Discloser deem s to be confidential and proprietary to the Discloser, other than information which the Receiver can show to the reasonable satis faction of the Discloser : ( i ) was already in the possess ion or control of the Receiver prior to the time of disclosure ; ( ii ) is at the time of disclosu re or thereafter becomes available to the public ot herwise than as the result of any fault or omission b y the Receiver or any employee of the Receiver c ontrary to the terms of this Agreement ; ( iii ) is disclosed to the Receiv er by a third party who did not acquire it directly or indirectly from the Discloser in confidence ; ( iv ) is approved for release by the Discloser