definiens: means ( a ) al l Results ( as defined in Section 1.19 ) and Program Technology, and ( b ) all other information about any element of [COMPANY] Technology, including, without l imitation, protocols, which [COMPANY] discloses to [COMPANY] Cranbu ry and designates as where such dis closure is either in writing or within 30 days of such disc losure [COMPANY] provides [COMPANY] Cranbury a memorandu m identifying the disclosure and characterizing it as confidential . Notwithstanding the foregoing, shall not include any inf ormation that ( i ) at the time of disclosure to Xeno gen Cranbury, is already known by [COMPANY] Cranbury othe r than by virtue of a prior confidential disclosure to [COMPANY] Cranbury by [COMPANY] ; or ( ii ) is or becomes d isclosed in published literature, or otherwise is o r becomes generally known to the public, in each case through no fault or omission of [COMPANY] Cranbury ; or ( iii ) is obtained by [COMPANY] Cranbury from a third party fre e from any obligation of confidentiality to [COMPANY]