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 the Receiving Party or its Representatives,  (ii) was within your possession prior to its being furnished to you by or on behalf of the Company; provided that the source of such information was not known to be bound by a confidentiality agreement with, or other contractual, legal or fiduciary obligation of confidentiality to, the Company or any other party with respect to such information,  (iii) was developed independently by the Receiving Party without use, directly or indirectly, of any Evaluation Material or  (iv) becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party or its Representatives, provided that such source was not known to be bound by a confidentiality agreement with, or other contractual, legal or fiduciary obligation of confidentiality to, the Company or any other party with respect to such information.