definiens: means all non - public materials, information and d ata concerning the disclosing party and its operations that is disclos ed by the disclosing party to the receiving party p ursuant to this Agreement, orally or in written, electronic or tang ible form, or otherwise obtained by the receiving p arty through observation or examination of the disclosing party ’ s operations . Confidential Information includes, bu t is not limited to, information about the disclosing party ’ s financial condition and projections ; business, ma rketing or strategic plans ; sales information, customer lists ; price lists ; databases ; trade secrets ; product pro totypes and designs ; techniques, formulae, algorithms and other non - public process information . Notwithstanding th e foregoing, Confidential Information of a party shal l not include that portion of such materials, infor mation and data that, and only to the extent, the recipient ca n establish by written documentation : ( a ) is known to the recipient as evidenced by its written records befor e receipt thereof from the disclosing party, ( b ) is disclosed to the recipient free of confidentiality obligations b y a Third Party who has the right to make such disc losure without obligations of confidentiality, ( c ) is or b ecomes part of the public domain through no fault o f the recipient, or ( d ) the recipient can reasonably esta blish is independently developed by persons on beha lf of recipient without the use of the information disclo sed by the disclosing party