definiens: means, with respect to each Party, all Know - How or other information, includingproprietary information and materials ( whether or not patentable ) regarding or embodying such Party ’s technology, products, business information or objectives, that is communicated by or on behalf of the Disclosing Party to the Receiving Party or itspermitted recipients . Confidential Information does not include any Know - How or other information that ( a ) was alreadyknown by the Receiving Party ( other than under an obligation of confidentiality to the Disclosing Party ) at the time ofdisclosure by or on behalf of the Disclosing Party, ( b ) was generally available to the public or otherwise part of the publicdomain at the time of its disclosure to the Receiving Party, ( c ) became generally available to the public or otherwise part ofthe public domain after its disclosure to the Receiving Party, other than through any act or omission of the Receiving Party inbreach of its obligations under this Agreement, ( d ) was disclosed to the Receiving Party, other than under an obligation ofconfidentiality, by a Third Party who had no obligation to the Disclosing Party not to disclose such information to theReceiving Party or ( e ) was independently discovered or developed by or on behalf of the Receiving Party without the use ofany Confidential Information belonging to the Disclosing Party . The terms and conditions of this Agreement shall beconsidered Confidential Information of both Parties