definiens: means and includes all technical information, inventions, developments, discoveries, software, know - how, methods, techniques, formulae, animate and inanimate materials, data, processes, finances, business operations or affairs, and other proprietary ideas, whether or not patentable or copyrightable, of either Partythat are ( a ) marked or otherwise identified as confidential or proprietary at the time of disclosure in writing ; or ( b ) ifdisclosed orally, visually, or in another non - written form, identified as confidential at the time of disclosure andsummarized in reasonable detail in writing as to its general content within 30 days after original disclosure . TheParties acknowledge that ( i ) the terms and conditions of this Agreement and ( ii ) the records and reports referred to inSection 3.6 will be deemed the Confidential Information of both Parties, regardless of whether such information ismarked or identified as confidential . In addition, information provided to Licensee pursuant to the provisions ofSection 7.1 will be deemed the Confidential Information of Licensor, regardless of whether such information is markedor identified as confidential . Notwithstanding the foregoing, Confidential Information will not include the following, ineach case, to the extent evidenced by competent written proof of the Receiving Party : * * * * CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION . CONFIDENTIALTREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.CONFIDENTIAL TREATMENT REQUESTED 1.4.1 information that was already known to the Receiving Party, other than under an obligation of confidentiality, at the time of disclosure by the Disclosing Party;1.4.2 information that was generally available to the public or otherwise part of the public domain at the time of itsdisclosure to the Receiving Party;1.4.3 information that became generally available to the public or otherwise part of the public domain after itsdisclosure, other than through any act or omission of the Receiving Party in breach of this Agreement;1.4.4 information that is independently discovered or developed by the Receiving Party without the use ofConfidential Information of the Disclosing Party ; or1.4.5 information that was disclosed to the Receiving Party, other than under an obligation of confidentiality, by aThird Party who had no obligation to the Disclosing Party not to disclose such information to others