definiens: means any information, Know - How or other proprietary information or materials furnished to oneParty ( ) by or on behalf the other Party ( ) in connection with this Agreement, except to the extent thatsuch information or materials : ( a ) was already known to the Receiving Party, other than under an obligation of confidentiality, at the time ofdisclosure by the Disclosing Party, as demonstrated by competent evidence ; ( b ) was generally available to the public or otherwise part of thepublic domain at the time of its disclosure to the Receiving Party ; ( c ) became generally available to the public or otherwise part of the publicdomain after its disclosure and other than through any act or omission of the Receiving Party in breach of this Agreement ; ( d ) was disclosedto the Receiving Party by a Third Party who had no obligation to the Disclosing Party not to disclose such information to others ; or ( e ) wassubsequently developed by the Receiving Party without use of the Disclosing Party Confidential Information, as demonstrated by competentevidence