premise: “Proprietary Information” means any confidential, proprietary, or trade secret information concerning Discloser’s  (a) customers’ identity, finances, and data, and  (b) personnel, business practices, business policies, the terms of any agreements between the Parties, pricing information, information relating to research and development, know-how, methodologies, inventions, specifications, software, market analyses, research strategies, projections, forecasts, proposal related documents and responses, data center and/or facility procedures and operations, data center and/or facility audit results, and compilations, summaries, analyses, copies, or other reproductions, in whole or in part, of the foregoing, except to the extent to which Recipient can establish by legally sufficient evidence that such information:  (i) was rightfully in Recipient’s possession without obligation of confidentiality before receipt from Discloser;  (ii) is or has become a matter of public knowledge through no fault of Recipient;  (iii) is rightfully received by Recipient from a third party without violation of any duty of confidentiality;  (iv) is or was independently developed by or for Recipient without use or reference to the Proprietary Information or 