definiens: means any information provided by one Party to the other Party relating to the following : the terms of this Agreement ; the Licensed Product ( including the EOS Technology, the Licensee Technology, the Regulatory Documentation and Regulatory Approvals and any information or data contained therein ) ; any Development or Commercialization of the Licensed Product ; or the scientific, regulatory or business affairs or other activities of a Party . Notwithstanding the foregoing, Confidential Information shall not include any information that : 10.1.1 is or hereafter becomes part of the public domain by public use, publication, general knowledge or the like through no wrongful act, fault or negligence on the part of the receiving Party ; 10.1.2 can be demonstrated by documentation or other competent proof to have been in the receiving Party 's possession prior to disclosure by the disclosing Party without any obligation of confidentiality with respect to said information ; 10.1.3 is subsequently received by the receiving Party from a Third Party who is not bound by any obligation of confidentiality with respect to said information ; or 10.1.4 can be demonstrated by documentation or other competent evidence to have been independently developed by or for the receiving Party without reference to the disclosing Party 's Confidential Information