definiens: shall mean all information and data that ( a ) is provided by one party to the other party under this Agreement, and ( b ) if disclosed in writing o r other tangible medium is marked or identified as confidential at the time of disclosure to the recipient, is acknowledged at the time of disclosure to be confidential, or otherwise should reasonably be deemed to be confidential . [COMPANY] ’ Confidential Information includes, without limitation, embodiments of the Licensed Know -How Rights . Eton ’s Confidential information includes, without limitation, the Assets . Notwithstanding the foregoing, Confidential Information of a party shall not include that portion of such information and data which, and only to the extent, the recipient can establish by written documentation : ( i ) is known to the recipient as evidenced by its written records before receipt thereof from the disclosing party, ( ii ) is disclosed to the recipient free of confidentiality obligations by a third person who has the right to make such disclosure, ( iii ) is or becomes part of the public domain through no fault of the recipient, or ( iv ) the recipient can reasonably establish is independently deve loped by persons on behalf of recipient without access to or use of the information disclosed by the disclosing party