definiens: means any proprietary Of confidential business or techrlical information disclosed byOl1e party to the other in connection with this Agreanentt hal il designated in writing by the disclmilng party to be or or if given anl1y, is confirmed promptly in writing as having been disclosed as or '' proprietary . '' Confidential Information docs I10 t illCIudc information, technical data, trade flClCrelS or know·how which : ( i ) was in the public domain at the lime it was disclosed Of falls within ! he : public domain . a;cepl through fault ofthc receiving party ; or ( ii ) was known 10 thc party receiving it at thc time of disclosuTC which kl10wlcdgc the receiving party shall h.,·c the burden of establishing by clear and conVlllClrlg cvidence ; or ( iii ) was disclosed aflcr wnllen approval of the dIsclosin g party ; or ( iv ) ~omes known \0 the n : ceivlrlg plll1y from a source other than the disclosing party without breach of this Agreement by the receiving party provided that such source was I10 t known by Inc receiving party 10 be bound by . confidentiality agreement with or other contractu.aJ, legal or fiduciary obligation of confidentIality 10 the disclosmg pany or any other party with re!!ipectto such information ; or ( v ) was 17 · * * CON .. ' DENT IAL .....