definiens: shall mean anyinformation ( whether oral or written or otherwise in tangible or intangible form ) received pursuant to this Agreement byone Party or any Affiliate thereof ( ) from or on behalf of the other Party or any Affiliate thereof ( ), whether or not developed by the Disclosing Party, including but not limited to, any and allinformation which relates in any way to any ideas, designs, methods, discoveries, improvements, documents or otherresults of the Parties ’ activities to be conducted hereunder, trade secrets, proprietary rights, business affairs, marketing strategies or information, customer information or employee information, and without limiting the foregoing, in the case of Eyegate, proprietary or confidential information relating to the Product or the Product IP, and in thecase of [COMPANY], certain proprietary or confidential information or know - how with respect to [COMPANY] ’s performance ofits obligations hereunder . Confidential Information of the Disclosing Party shall not be subject to the obligations setforth in Section 13.2 to the extent that such information : 36 ( a ) is, at the time of disclosure, in the public knowledge ; ( b ) becomes part of the public knowledge after disclosure, by publication or otherwise, except by breach of this Agreement by the Receiving Party or other obligation of confidentiality owed to the DisclosingParty ; ( c ) is demonstrably in the Receiving Party ’s possession at the time of disclosure andwhich was not acquired, directly or indirectly, from the Disclosing Party or any Third Party which was, at the time ofsuch acquisition, subject to an obligation of confidentiality owed to the Disclosing Party ; ( d ) is received by the Receiving Party from third parties, provided such information wasnot obtained, directly or indirectly, from the Disclosing Party or any Third Party which was, at the time suchinformation was obtained, subject to an obligation of confidentiality owed to the Disclosing Party ; or ( e ) was independently developed by the Receiving Party, without use of or access tothe information provided by the Disclosing Party ( as demonstrated by competent proof )