definiens: means Product Information that is disclosed by a Party or any of its Affiliates toa Third Party subcontractor or consultant, other than any such Product Information with respect to which such Third Party candemonstrate by competent written proof ( a ) was already known to such Third Party, other than under an obligation ofconfidentiality, at the time of disclosure by the Party or its Affiliate ; ( b ) was generally available to the public or otherwise partof the public domain at the time of its disclosure to the Third Party ; ( c ) became generally available to the public or otherwisepart of the public domain after its disclosure and other than through any wrongful act, fault, or negligence of the Third Party;(d ) is after the time of disclosure by a Party or its Affiliate disclosed to the Third Party by another Third Party withoutobligations of confidentiality with respect thereto ; or ( e ) is independently discovered or developed by the receiving Party orits Affiliate without the aid, application, or use of non - public Product Information or Confidential Information