definiens: shall mean any and all confidential information regarding, related to, or associated with the Product, the Patents, and this Agreement ( including the terms and conditions hereof ) that is disclosed by the Disclosing Party to the Recipient as of and after COLIAGENEX - MUTUAL license & Supply Agmt 6 the Execution Date . Provided, however, that Confidential Information shall not include information which : ( i ) at the time of disclosure is in the public domain or otherwise publicly known ; ( ii ) after disclosure becomes part of the public domain or otherwise publicly known, except through breach of this Agreement or the Settlement Agreement ; ( iii ) the Recipient can demonstrate by reasonable proof was in its possession prior to the time of disclosure by the Disclosing Party hereunder, and was not acquired directly or indirectly from the Disclosing Party ; or ( iv ) becomes available to Recipient from a Third Party who did not acquire such information directly or indirectly from the Disclosing Party and who is not otherwise prohibited from disclosing such information . In addition, the terms and conditions of this Agreement shall be considered the Confidential Information of each Party