definiens: means the proprietary and confidential information disclosed by on behalf of oneParty ( the ) to the other Party ( the ) in connection with these Terms, except any portion of theinformation that ( a ) is known to the Receiving Party at the time of the disclosure, as evidenced by its written records or othercompetent evidence, ( b ) is disclosed to the Receiving Party by a third person who to the Receiving Party ’s knowledge was lawfully inpossession of such information and not under an obligation of nondisclosure, ( c ) is published or generally known to the public, eitherbefore or after the date of disclosure through no breach of this Section on the part of the Receiving Party, or ( d ) is developed by or forthe Receiving Party without use or reliance upon the disclosing party ’s Confidential Information as evidenced by the Receiving Party’swritten records or other competent evidence . Confidential Information includes all information concerning the discussions andnegotiations relating to, and the terms and existence of, these Terms