definiens: means confidential or proprietary information, data or know - how, whether provided in written, oral, visual or other form, provided by one Party ( the ) to the other Party ( the ) in connection with this Agreement, including but not limited to, the terms of this Agreement andinformation relating to the Disclosing Party ’s existing or proposed research, development efforts, patent applications, businessor products . Confidential Information shall not include any such information that : ( i ) is already known to the Receiving Party(other than under an obligation of confidentiality ) at the time of disclosure ( as evidenced by written records of the ReceivingParty ) ; ( ii ) is or becomes generally available to the public other than through any act or omission of the Receiving Party;(iii ) is disclosed to the Receiving Party by a Third Party who had no separate nondisclosure obligation in respect of suchinformation ; or ( iv ) is independently discovered or developed by or on behalf of the Receiving Party without the use of theConfidential Information of the Disclosing Party ( as evidenced by written records of the Receiving Party )