definiens: means any information t hat in any way shall relate to a party, including, without lim itation, its products, business, know - how, patents, methods, trade secrets and technology, or to any Affiliate thereof, that shall be furnished to any o ther party(ies ) in connection with this Agreement . Confidential Information shall include the existence and terms of this Agreement . Confidential Information s hall not include any information : ( i ) that, at the time of disclosure, is generally available to the public ; ( ii ) that, after the time of disclosure, becomes g enerally available to the public, except as a result of a br each of this Agreement by the recipient of such information ; ( iii ) that, prior to the time of disclosure, becom es available to the recipient of such information from a third p arty which is not legally or contractually prohibited from disclosing such Confi dential Information ; PROVIDED, that such Confidential Information was no t acquired, directly or indirectly, from the disclosing party or its Affili ates ; ( iv ) the recipient of which can demonstrate was de veloped by or for such recipient independently of, and without the use of, the Confidential Information disclosed by the disclosing party or it s Affiliates hereunder ; or ( v ) that is required to be disclosed by legal or j udicial process ; PROVIDED, in each case, the party so discl osing information timely informs the other party, uses its commercially best efforts to limit the disclosure required by such legal or judicial proce ss and maintains confidentiality, and permits the other party to att empt, by appropriate legal means, to limit such disclosure