definiens: means any scientific, technical, tradeor business information relating to the subject matter of this Agreement designated as confidential or which otherwiseshould reasonably be construed under the circumstances as being confidential disclosed by or on behalf of [COMPANY], AU orany of their employees, researchers or students to the Company, whether in oral, written, graphic or machine - readableform, except to the extent such information : ( i ) was known to the Company at the time it was disclosed, other than byprevious disclosure by or on behalf of [COMPANY], AU or any of their employees, researchers or students, as evidenced by theCompany ’s written records at the time of disclosure ; ( ii ) is at the time of disclosure or later becomes publicly knownunder circumstances involving no breach of this Agreement ; ( iii ) is lawfully and in good faith made available to theCompany by a third party who is not subject to obligations of confidentiality to [COMPANY], or AU with respect to suchinformation ; ( iv ) is independently developed by the Company without the use of or reference to [COMPANY] ConfidentialInformation, as demonstrated by documentary evidence ; or ( v ) is required to be disclosed pursuant to applicablesecurities laws and regulations . For the avoidance of doubt [COMPANY] Confidential Information shall also include the ArielTechnology