definiens: means ( a ) any and a ll normally non - public information communicated or disclosed by one party ( ) to the other party ( ) describing or rela ting to the Disclosing Party 's business and marketing plans and strategies, financial information, or customer information, and ( b ) any and all inform ation communicated or disclosed by the Discloser to Recipient describing or relating to the Disclosing Party 's research and development, Know - H ow, inventions, trade secrets, technical data, formulae, drawings, design s, software, models, samples, kits, processes, product development data and information and other data and information related to the business of Discloser, labeled or specified in writing as or the equiv alent, or if orally disclosed, labeled or the equivalent, and reduced to writing within thirty ( 30 ) days of such oral disclosure ; pr ovided, however, that shall not be deemed to i nclude information which the Recipient can demonstrate by written proof : ( i ) is now, or hereafter becomes, through no fault on the part of the Recipi ent, generally known or available ; ( ii ) is known by the Recipient at the ti me of receiving such information ; ( iii ) is furnished to others by Disclo ser without restriction on disclosure ; ( iv ) is hereafter furnished to the R ecipient by a third party unrelated to Discloser, as a matter of right and without any breach of any duty of non - disclosure ; ( v ) is independently developed by the Recipient without use of or reference to any Confid ential Information ; or ( vi ) is the subject of express written permission t o disclose provided by Discloser . Without limiting the generality of the f oregoing, Confidential Information may include information developed durin g the course of this Agreement