premise: The term “Evaluation Material” does not include information which  (i) is or becomes generally available to the public other than as a result of a disclosure by Vector or its Representatives in contravention of this agreement,  (ii) was within Vector’s possession prior to its being furnished to Vector by or on behalf of Captaris pursuant hereto, provided that the source of such information was not known by Vector to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to Captaris or any other party with respect to such information;  (iii) becomes available to Vector on a nonconfidential basis from a source other than Captaris or any of its Representatives, provided that such source was not known by Vector to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to Captaris or any other party with respect to such information; or  (iv) is independently developed by Vector without the use of any Evaluation Material and without any other violation of this agreement.