definiens: means all information obtained or developed by CUMBERLAND which relates to the manufacture, sale, and distribution of pharmaceutical products by BIONICHE, regardless of the form in which such information is transmitted . The following shall not be considered Confidential Information of BIONICHE for purposes hereof : ( a ) Information that is already in the possession of CUMBERLAND at the time it is received from BIONICHE or developed by CUMBERLAND on BIONICHE ’s behalf, if CUMBERLAND notifies BIONICHE of its belief that the information is excepted under the terms of this subsection ; ( b ) Information received by CUMBERLAND from a person which has the right to disclose the same, when CUMBERLAND notifies BIONICHE of its belief that the inform ation is excepted under the terms of this subsection ; ( c ) Information that is or becomes published, or is or becomes otherwise publicly available without the fault of CUMBERLAND ; or ( d ) Confidential Information of CUMBERLAND