definiens: shall mean the technical information, know - how, technology, prototypes, information, manuals, ideas, inventions, improvements, data, files, supplier and customer identities and lists, accounting records, business and marketing plans, and information anddocumentation to which a party has rights relating to this Agreement and allcopies and tangible embodiments thereof ( in whatever form or medium ) that arenot generally known by the public or which would constitute a trade secret underthe Uniform Trade Secrets Act ( including any of the foregoing as may be embodiedin the Technology ) ; provided, however, that any of the foregoing shall not beconsidered Confidential Information if it : ( i ) has entered into the publicdomain through no wrongful act or breach of any obligation of confidentiality onthe receiving party 's or any third party 's part ; ( ii ) was in the lawfulknowledge and possession of, or was independently developed by, the receivingparty prior to the time it was disclosed to, or learned by, the receiving partas evidenced by written records kept in the ordinary course of business by thereceiving party or by written or other documentary proof of actual use by thereceiving party ; ( iii ) was rightfully received from a third party not inviolation of any contractual, legal or fiduciary obligation by such third party;or ( iv ) was approved for release by written authorization by the part havingrights in such information