premise: 3. Information does not include, however, information which  (a) is or becomes generally available to the public;  (b) was available to the Receiving Party on a non-confidential basis prior to its disclosure by the Providing Party;  (c) is independently developed by the Receiving Party; or  (d) becomes available to the Receiving Party on a non-confidential basis after the date hereof from a third party which was not known by the Receiving Party to be subject to a confidentiality agreement with the Providing Party and which is not otherwise prohibited from transmitting the information to the Receiving Party.