definiens: means all information disclosed by or on behalf of either Party hereto ( a ) to the other Party hereto ( a ), or any of the Receiving Party ’s employees, officers, directors, Affiliates, subcontractors, agents, successors or assigns ( collectively and together with the Disclosing Party, the ), including information ( i ) relating to the matters that are the subject of this Agreement, including theterms, existence and nature of this Agreement, ( ii ) all other information regarding the Disclosing Party ’s past, present or futureresearch, technology, know - how, ideas, concepts, designs, products, markets, customer information, computer programs, prototypes, processes, machines, articles of manufacture, compositions of matter, business plans and operations, technicalinformation, drawings, specifications ( including Specifications ), ( iii ) BSC Improvements or Bovie Improvements ( as applicable),and ( iv ) any knowledge or information developed by the Disclosing Party as a result of work in connection with this Agreementthat directly relates to the Product, except information which is : ( i ) at the time of disclosure, or thereafter becomes lawfully partof the public domain through no act or omission by the Receiving Party ; ( ii ) lawfully in the possession of Receiving Party priorto disclosure by or on behalf of Disclosing Party, as shown by written records ; ( iii ) lawfully disclosed to the Receiving Party by athird party which did not acquire the same under an obligation of confidentiality from or through the Disclosing Group ; or ( iv)independently developed by the Receiving Party without use of Confidential Information, as shown by written records