premise: For purposes of this Agreement, "Confidential Information" shall mean information disclosed by the disclosing party (the "Disclosing Party") to the receiving party (the "Receiving Party") which relates to product plans, designs, costs, prices and names, finances, marketing plans, business opportunities, research, development, know-how, or personnel, including confidential information disclosed by third parties and information relating to any type of technology; provided that information disclosed by the Disclosing Party will be considered Confidential Information by the Receiving Party only if such information is conspicuously designated as "Confidential"  (i) in writing, if communicated in writing, or  (ii) confirmed in writing within thirty (30) days of disclosure, if disclosed orally or in other non-tangible form; and provided further that Confidential Information shall not include information that  (A) is now or subsequently becomes generally available to the public through no fault or breach on the part of the Receiving Party;  (B) the Receiving Party can demonstrate to have had rightfully in its possession prior to disclosure to the Receiving Party by the Disclosing Party;  (C) is independently developed by the Receiving Party without the use of any Confidential Information; or  (D) the Receiving Party rightfully obtains from a third party who has the right to transfer or disclose it.