definiens: means ( i ) the terms and conditions of this Agreement ( ii ) any proprietary orconfidential information or material, including all trade secrets, in tangible form disclosed hereunder that is marked as at the time it is delivered to the receiving Party, or ( iii ) proprietary or confidential information or material, including all trade secrets, disclosed orally hereunder that is identified as confidential or proprietary when disclosed, orthat is identified as confidential in writing ( including by facsimile or email ) within thirty ( 30 ) days by the disclosingParty ; provided however, that the above information shall not be deemed Confidential Information to the extent thereceiving Party can establish by competent written proof that such information : 1.6.1 was already known to the receiving Party, other than under an obligation of confidentialityowed to the disclosing Party, at the time of disclosure ; [ … * … ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSIONPURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED