definiens: means any data, documentation, material, and information that is owned by a Party or is disclosed, provided, or made available by a P arty ( such Party, the ) to, or directly or i ndirectly obtained from the Disclosing Party by, th e other Party ( the ) under or in connection with this Agreement, other than any data, documentation, material, and information that is Non - Confidential Informatio n. The term means so lely such information that, and to the extent it : ( i ) wa s known publicly, or was known by the Receiving Par ty without obligation of confidentiality or non - disclosure, at the time such Prope11y was provided, disclosed, or made available or accessible by the Disclosing Party to, or obtained from the Disclosing Pa11y by, the Rece iving Pa1iy ; or ( ii ) becomes known publicly thereafter through n o action or fault of the Receiving Pmiy or any of i ts employees, or ( iii ) is developed, created, discovered, or auth ored by the Receiving Pa11y independently from this Agreement and any performance hereunder and independently fro m, and without reference to, any Confidential Infor mation or Technology of the Disclosing Party, or acquired from a third party other than under a confidentiali ty and non - disclosure obligation ; provided, however, that any and all . Notwithstanding the foregoing, ( i ) all Ano nymized End User Data, and all Biosensor Technology ( except for any pmi of the Biosensor Technology that is, and a fter it becomes, Non - Confidential Information ), shall be co nclusively deemed to be Confidential Information so lely of Licensor, and ( ii ) all End User Identifiable Data s hall be deemed to be Confidential Information of Li censee during the Term until delivery thereof to Licensor under S ection 8.3(b )