definiens: means confidential or proprietary information, data or know - hm.v, whether provided in written, oral, visual or other fonn, providtld by one Party ( the ) to the other Party ( the ) in connection with this Agreement, including but not limited to, the terms or this Agreement and information relating to the Disclosing Party 's existing or proposed research . development efforts, patenl applications, bw > ines ! > or products . Confidentiallnfoouation shall not include any such information to the extent that the information : ( i ) is already known to the Receiving Party ( oth ! . : ! than under an obJigati(lH of conlidcntilllily ) at ! he time or disdtlsure ( as c'vide:~ccd hy wr : Hcn record " of th : : Receiving Party ) ; ( ii ) is or becomes getll .. 'ral!y avnilabk to lhe pnhl1c Oth0f than lhro, tp, h any ad or omi,,~il}n oj'the ReceIving Party ; ( iii ) i~ disiJlo::;cd to the Receiving Party without ohligation or confidentiality by a Third Purty who haJ the legaJ right to disclose such in[omH:'.ion ; or { iv J is ir.dcpendently discovered or developed by or on behalf of the Rc .. :civing Party without the lI, sc or benefit of the COllfiJ.en ~ ial Infonnation 0 : the D : scl{lsing Party ( as evidenced by wrilten records or the Receiving Party )