definiens: means all proprietary technical information, marketing, business andfinancial information, scientific data, information, whether or not labeled, and all tangible andintangible embodiments and oral disclosures thereof of any kind whatsoever, and all other materials which adisclosing Party treats confidentially that relates to a Product or the business of a Party and is disclosed ordeveloped under or in connection with this Agreement . Confidential Information shall not include anyinformation which the receiving Party can show by competent proof : ( a)was known to or in the possession of the receiving Party prior to the date of its actual receipt fromthe disclosing Party ; ( b)is readily available to the public other than through the fault of the receiving Party ; ( c)was disclosed by a third party not under an obligation of confidentiality to the disclosing Party ; or ( d)is subsequently independently developed by the receiving Party without use of the ConfidentialInformation as demonstrated by competent written records