definiens: means all data, informat ion, or Licensed Technology ( and all tangible and intangible embodiments thereof ), which is controlle d and disclosed by a Party ( ) to the other Party ( ) pursuant to this Agreemen t, except, and only to the extent a Receiving Party can establish by written documentation, that which : ( a ) is or becomes part of the public domain without the fault of the Receiving Party ; ( b ) has been received by the Receiving Party at any tim e from a source, other than the Disclosing Party, rightfully having possession of and the right to di sclose such information free of confidentiality obligations ; ( c ) has been otherwise known by the Receiving Party fre e of confidentiality obligations prior to disclosur e of such information by the Disclosing Party to the Receiving Party ; or ( d ) has been independently developed by employees or ot hers on behalf of the Receiving Party without access to, use of, reference to, or reliance upon t he Confidential Information