definiens: means any scientific, technical, trade or business information possessed or obtained by, developed for or given to a party which is treated by such party as confidential or proprietary including, without limitation, formulations, techniques, methodology, assay systems, animal models, formulae, procedures, tests, equipment, data and results ( including pharmacological, toxicological, clinical and pre - clinical test data and results ), computer software ( including, without limitation, object code and source code ), documentation, inventions ( whether patentable or not ), reports, know - how, sources of supply, patent positioning and related documentation, relationships with consultants and employees, business plans and business developments, information concerning the existence, scope or activities of any research, development, manufacturing, marketing or other projects of the disclosing party, and any other confidential information about or belonging to such party 's suppliers, licensors, licensees, partners, affiliates, customers, potential customers or others . does not include information which : ( a ) was known to the receiving party at the time it was disclosed, other than by previous disclosure by the disclosing party, as evidenced by the receiving party 's written records at the time of disclosure ; ( b ) at the time of disclosure or later, is or becomes publicly known under circumstances involving no breach of this Agreement ; ( c ) is lawfully and in good faith made available to the receiving party by a third party who did not derive it, directly or indirectly, from the disclosing party ; or ( d ) is independently developed by a receiving party without the use of the disclosing party 's Confidential Information