premise: The term "Proprietary Information" does not include confidential information which  (i) becomes generally available to the public other than as a result of a disclosure by Disclosing Party or Disclosing Party's Representatives,  (ii) was available to Recipient on a non-confidential basis prior to its disclosure to Recipient by Disclosing Party or its Representatives,  (iii) is independently developed by the Recipient or its Representatives without the use of any Proprietary Information of the Disclosing Party, or  (iv) becomes available to Recipient on a non-confidential basis from a source other than Disclosing Party or its Representatives, provided that such source, to Recipient's knowledge, is not bound by a confidentiality agreement with Disclosing Party or its Representatives, or is otherwise prohibited from transmitting the information to Recipient by a contractual, legal, or fiduciary obligation. 