The following are examples of information that is generally not regarded as Confidential Information- Pre-existing Knowledge Information known to the Receiving Party before disclosure by the Disclosing Party: For instance, if a software company receives technical information from a client that it already possessed or had previously developed, this information would not be considered Confidential Information under the contract. Publicly Available Information Information that is or becomes publicly known, not as a result of a breach of this Agreement, by the Receiving Party: If a trade secret, algorithm, or business strategy is published in a news article, blog post, or public patent filing, and the Receiving Party was not responsible for the disclosure, the information would no longer be considered confidential. Independently Developed Information Information developed independently by the Receiving Party in circumstances that are not a breach of this Agreement: For example, if a tech company independently creates an algorithm or software feature without using or referencing the Disclosing Party's Confidential Information, the newly developed information would be excluded from the confidentiality obligations. Information from Unrestricted Third-Party Sources Information which Receiving Party receives from a third party who can disclose the Confidential Information free of restriction and without obligation: If the Receiving Party obtains information from a third party who has the right to share it without restrictions, such as from an open-source project or a non-confidential industry report, this information would not be considered Confidential Information under the contract. - These exclusions are essential to maintain a balance between protecting the Disclosing Party's sensitive information and allowing the Receiving Party to operate freely without undue restrictions. In the context of tech contracts, it is crucial to carefully consider the scope of confidentiality obligations and the potential impact on both parties' ability to conduct business effectively. Including reasonable exclusions in the confidentiality clause can help strike a balance that benefits both parties and promotes a successful partnership.