definiens: means any information ( including personal data ), Know - How or other proprietary information or materialsfurnished to one Party ( ) by or on behalf of the other Party ( ) in connection with this Agreement, except to the extentthat such information or materials : ( a ) was already known to the Receiving Party, other than under an obligation of confidentiality, at the time of disclosureby the Disclosing Party, as demonstrated by competent evidence ; ( b ) was generally available to the public or otherwise part of the public domain at thetime of its disclosure to the Receiving Party ; ( c ) became generally available to the public or otherwise part of the public domain after its disclosure andother than through any act or omission of the Receiving Party in breach of this Agreement ; ( d ) was disclosed to the Receiving Party by a Third Party whohad no obligation to the Disclosing Party not to disclose such information to others ; or ( e ) was subsequently developed by the Receiving Party without useof the Disclosing Party Confidential Information, as demonstrated by competent evidence