definiens: means all Know - How and other proprietary informat ion ( including information about any element of a Party ’s technolo gy or business ) that is disclosed by a Party or its Affiliates or by any of the Party ’s or its Affiliates ’ employees or consultants ( the ) to the other Party or its Affiliates or to any of the other Party ’s or its Af filiates ’ employees or consultants ( the ) except to the extent that the information : ( a ) as of the d ate of disclosure is demonstrably known to the Rece iving Party, as shown by written documentation, other than by vi rtue of a prior confidential disclosure by the Disc losing Party, ( b ) as of the date of disclosure is in, or subseque ntly enters, the public domain, through no fault or omission of the Receiving Party or ( c ) as of the date of disclosure or thereafter is obtained by the Receiving Party f rom a Third Party free from any obligation of confidentiality t o the Disclosing Party