definiens: means non - public information relating to the business, operations or products, including any Know - How, of a party ( ) or its Affiliates, regardless of its form or medium asprovided to the other party ( ) or its Affiliates in connection with this Agreement or otherwisebecomes known to the Receiving Party by virtue of this Agreement, provided that, Confidential Informationshall not include any information that the Receiving Party can show by competent evidence : ( a ) is alreadyknown to the Receiving Party at the time it is disclosed to the Receiving Party by the Disclosing Party ; ( b ) isor becomes generally known to the public through no act or omission of the Receiving Party in violation of theterms of this Agreement ; ( c ) has been lawfully received by the Receiving Party from a Third Party withoutrestriction on its disclosure and without, to the knowledge of the Receiving Party, a breach by such ThirdParty of an obligation of confidentiality to the Disclosing Party ; or ( d ) has been independently developed bythe Receiving Party without use of or reference to the Confidential Information of the Disclosing Party