definiens: means any information that ( i ) in any way relates to a Party orAffiliate thereof, including its products, business, know - how, business strategies and technologyand ( ii ) is furnished or disclosed to the other Party in connection with this Agreement, and iseither identified as ( or words of similar import ) upon such disclosure or isreasonably understood to be confidential due to the nature of the information and circumstancesof disclosure ; provided however, that the term shall not include anyspecific information that:(A ) at the time of disclosure, is generally available to the public;(B ) after disclosure hereunder, becomes generally available to the public, except as aresult of a breach of this Agreement by the recipient of such information;(C ) becomes available to the recipient of such information from a Third Party that is notlegally or contractually prohibited by the disclosing Party from disclosing such ConfidentialInformation ; or(D ) the recipient of which can demonstrate was developed by or for such recipientwithout the use of any of the Confidential Information of the disclosing Party or its Affiliateshereunder