definiens: means any and all forms and types of financial, business, marketing, operations, scientific, technical, economic and engineering information, whether tangible orintangible, including without limitation, patterns, plans, compilations, program devices, formulas, designs, prototypes, samples, methods, techniques, processes, procedures, programs, codes, trade secrets, know - how, source code, databases, data, proposed product names or marks, marketing materials orprograms, plans, specifications, information relating to past, present and prospective customers, users, partners, vendors and suppliers, manufacturing information, business plans, manufacturing information, price lists, costing information, employee and consulting relationship information, accounting and financialdata, profit margin, marketing and sales data, strategic plans, and all other proprietary information(including all originals, copies, digests and summaries in any form ) provided by or on behalf of one Party ( ) to the other Party ( ) hereunder, including any and all non - public informationregarding, related to, arising from or associated with this Agreement or the Collaboration, and the termsand conditions of this Agreement and any applicable SOW . Notwithstanding the foregoing to the contrary, Confidential Information shall exclude any information that a Recipient can establish by documentaryevidence, bearing the burden of proof : ( i ) was known to such Recipient before receipt thereof from or onbehalf of Discloser, as demonstrated with written contemporaneous evidence ; ( ii ) was disclosed toRecipient by a third person who had a right to make such disclosure without any obligation ofconfidentiality to Discloser ; ( iii ) is available in the public domain without violation of this Agreement byRecipient or other obligation of confidentiality ; or ( iv ) is independently developed by Recipient orRecipient ’s Personnel without use of or reference to Discloser ’s Confidential Information, asdemonstrated by written contemporaneous evidence