premise: (b) 'Confidential Information' shall mean all information or data disclosed (whether in writing, orally or by any other means) to one party by the other party or by a third party on behalf of the other party and shall include but not be limited to  (A) any information ascertainable by the inspection or analysis of samples,  (B) the information described in the Schedule 1 hereto as having been disclosed prior to the date hereof and  (C) any information relating to that party's business, operations, prices, processes, plans, intentions, product information, know-how, design rights, trade secrets, software, market opportunities, customers and business affairs, but shall exclude any part of such disclosed information or data which: (i) is or becomes in the public domain in any way without breach of this Agreement by the receiving party; or (ii) the receiving party can show  (A) was in its possession or known to it by being in its use or being recorded in its files or computers or other recording media prior to receipt from the disclosing party and was not previously acquired by the receiving party from the disclosing party under an obligation of confidence; or  (B) to have been developed by or for the receiving party at any time independently of the information disclosed to it by the disclosing party; or