definiens: means ( i ) any information that ( x ) in any way shall relate to a Partyhereto or Affiliate thereof, including, without limitation, its products, business, know - how, methods, trade secrets, customers and technology and ( y ) shall be furnished or disclosed to the other Party in connection with this Agreementand ( ii ) any other information that could reasonably be expected to be recognized as confidential or proprietaryinformation ; provided, however, that Confidential Information shall not include any information that : ( a ) at the time of disclosure, is generally available to the public ; ( b ) after disclosure in connection herewith, becomes generally available to the public, exceptas a result of a breach of this Agreement by the recipient of such information ; ( c ) becomes available to the recipient of such information from a Third Party that is not legallyprohibited from disclosing such Confidential Information, provided that such Confidential Information was not acquireddirectly or indirectly from the disclosing party or any of its Affiliates ; or ( d ) the recipient of which can demonstrate was developed by or for such recipient independentof, and without the use of, the Confidential Information disclosed by the disclosing party or any of its Affiliateshereunder