definiens: means all proprietary technical information, marketing, business and financial information, scientific data, information, whether or not labeled, and all tangible and intangible embodiments and oral disclosures thereof of any kind whatsoever, and all other materials which a disclosing Party treats confidentially that relates to a Product or the business of a Party and is disc losed or developed under or in connection with this Agreement . Confidential Information shall not include any information which the receiving Party can show by competent proof : ( a ) was known to or in the possession of the receiving Party prior to the d ate of its actual receipt from the disclosing Party ; ( b ) is readily available to the public other than through the fault of the receiving Party ; ( c ) was disclosed by a third party not under an obligation of confidentiality to the disclosing Party ; or ( d ) is subsequently independently developed by the receiving Party without use of the Confidential Information as demonstrated by competent written records