definiens: shall mean all proprietary and confidential information of a Party, including, without limitation, trade secrets, techn ical information, business information, sales infor mation, customer and potential customer lists and identitie s, product sales plans, sublicense agreements, inve ntions, developments, discoveries, software, know - how, meth ods, techniques, formulae, data, processes and othe r trade secrets and proprietary ideas, whether or not prote ctable under patent, trademark, copyright or other areas of law, that the other Party has access to or receives but does not include information that ( a ) is or becomes publicly available through no fault of the receiving Party, ( b ) was already known to the receiving Party at the time it was disclosed to the receiving Party, as evidenced by w ritten records of the receiving Party, or ( c ) is re ceived from a Third Party who is under no obligation of confident iality to the disclosing Party