definiens: means information, disclosed by one Party to another Party, that is treated as proprietary orconfidential by the disclosing Party and, at the time of disclosure, that is marked or or that bears amarking or legend of like import restricting its use, copying, or dissemination or that is identified as being2 confidential in a letter or other written communication sent to the receiving Party prior to or contemporaneously withdisclosure to the receiving Party . Any such information that is in another form when disclosed, such as oral or visual, shall betreated as Confidential Information only if and to the extent the disclosing Party informs the receiving Party of the proprietaryor confidential nature of the information prior to or at the time of the disclosure, and thereafter creates a written record of thedisclosure ( marked in accordance with this Agreement ) and delivers the written record to the receiving Party promptly, but inno event more than thirty ( 30 ) days after the original disclosure to the receiving Party . Confidential Information does notinclude any information that ( i ) was known to the receiving Party without a duty of confidentiality before receipt from thedisclosing Party as evidenced by written records made prior to such receipt or disclosure ( when such prior knowledge did notbecome known to such receiving Party through disclosure by a third party known to the receiving Party to be subject to anobligation to maintain the confidentiality thereof ) ; ( ii ) is or becomes a matter of public knowledge through no fault of thereceiving Party or any of its agents ; ( iii ) is rightfully received by the receiving Party from a third party without a duty ofconfidentiality ; or ( iv ) is independently developed by the receiving Party as evidenced by written records of the receivingParty