definiens: means any information that ( i ) in any way relates to products, business, Know - How, business strategies and technol ogy of a Party or Affiliate thereof, ( ii ) is furnis he d or disclosed to the other Party in connection with thi s Agreement, and ( iii ) is identified as ( or words of similar import ) upon such disclosure ; provided, however, that the term s hall not include any specific information that : ( a ) at the time of disclosure, is genera lly available to the public ; ( b ) after disclosure hereunder, becomes generally available to the public, except as a result of a breach of this Agreement by the recipie nt of such information ; ( c ) becomes available to the recipient o f such information from a Third Party that is not legally or contractually prohibited by the disclosi ng Party from disclosing such Confidential Informat ion ; or ( d ) the recipient of which can demonstra te by clear and convincing evidence was developed by or for such recipient without the use of any of the Confidential Information of the discl osing Party or its Affiliates hereunder