premise: The term “Confidential Information” as used herein does not include any data or information which the receiving Party can demonstrate:  (a) is already known to the receiving Party on a nonproprietary basis at the time it is disclosed to the receiving Party;  (b) is or becomes generally known to the public through no wrongful act of the receiving Party or its representatives in violation of this Agreement;  (c) has been rightfully received by the receiving Party from a third party without restriction on disclosure and without, to H.I.G.’s knowledge, a breach of an obligation of confidentiality running directly to the providing Party, if any;  (d) has been approved for public release by written authorization by the originating Party; or (e ) was developed independently by H.I.G. or its Representatives without use of the Confidential Information.