definiens: means all data, specifications, training materials and other know - how related to the design, use, implementation, performance, manufacture, distribution or sale of the Company Products, as well as all other information and data provided by either party to the other party hereunder in written or other tangible medium and marked as confidential, or if disclosed orally or displayed, identified as confidential prior to or at the time of disclosure and confirmed in writing as confidential within 10 days after disclosure, in each case except any portion thereof which : ( i ) is known to the receiving party before receipt thereof under this Agreement as evidenced by the receiving party 's written records ; ( ii ) is properly and lawfully disclosed to the receiving party by a third person who has the legal right to make such disclosure ; ( iii ) is or becomes generally known in the trade through no fault of the receiving party ; or ( iv ) is independently developed by the receiving party without use of such information, as evidenced by the receiving party 's written records