definiens: means any trade secret as defined by the Uniform Trade Secrets Act ( ), other information viewed by the party disclosin g it ( the ) as confidential and/or proprietary, and any and all information or proprietary materials ( in every form and media ) not generally known in th e relevant trade or industry made available by eith er party to the party receiving such information ( in such case, the ) in connection with the efforts contemplated hereunder and which the Disclosing Par ty designates as confidential or may reasonably be understood as confidential, including, but not limi ted to ( i ) all Intellectual Property of either part y ; ( ii ) existing or contemplated products, services, designs, invention s, technology, processes, technical data, engineeri ng, techniques, methodologies and concepts and any info rmation related thereto ; and ( iii ) information rela ting to business plans, sales, consultants, employees, or m arketing methods and customer lists or requirements . The Receiving Party will maintain the information in co nfidence using the same standard of care it uses to maintain its own Confidential and Proprietary Information in con fidence, but in any case, no less than reasonable c ommercial diligence, and will not use such information for it self or others except as provided in this Agreement . Such obligation of confidentiality and non - use shall not apply to information which ( a ) is known to the Rec eiving Party prior to the disclosure as demonstrated by document ary evidence, ( b ) is publicly known as of the date of the disclosure, ( c ) becomes publicly known after the da te of disclosure through no fault of the Receiving Party, ( d ) is received by the Receiving Party from a third party who has, to the Receiving Party ’s knowledge, no obl igation of confidentiality to the Disclosing Party, or ( v ) is developed independently by the Receiving Party with out reference to the Disclosing Party ’s Confidential and Propriet ary Information as demonstrated by documentary evid ence