premise: Confidential Information shall not include:  (a) information which is or becomes publicly available other than as a result of a violation of this Agreement;  (b) information which is or becomes available on a non-confidential basis from a source which is not known to the Receiving Party to be prohibited from disclosing such information pursuant to a legal, contractual or fiduciary obligation to the Disclosing Party;  (c) information which the Receiving Party can demonstrate was legally in its possession prior to disclosure by the Disclosing Party; or  (d) information which is developed by or for Receiving Party independently of the Disclosing Party’s Confidential Information.