Parties and Exceptions. For purposes of this Agreement, the party disclosing Confidential Information is referred to as the “Discloser” and the party receiving Confidential Information is referred to as the “Recipient.” “Confidential Information” means proprietary information of Discloser, or third party proprietary information disclosed to Discloser, that is provided to Recipient. Recipient’s obligations to protect Discloser’s Confidential Information does not apply to information that: (i) is or becomes, through no act or omission of Recipient, publicly available; (ii) is known by Recipient at the time of receipt, as shown by Recipient’s contemporaneous written records; (iii) is subsequently and rightfully provided to Recipient by a third party, without restriction on disclosure; or (iv) is independently developed by Recipient without use of or access to Discloser’s Confidential Information. Our Confidential Information includes the Materials and technical information relating to the Materials.
Parties and Exceptions. For purposes of this Agreement, the party disclosing Confidential Information is referred to as the “Discloser” and the party receiving Confidential Information is referred to as the
