premise: The term "Evaluation Materials" does not include information which  (i) is or becomes generally available to the public other than as a result of a disclosure by you or your representatives,  (ii) was or becomes available to you or your representatives on a non-confidential basis from a source other than the Company or its representatives, provided that such source is not to your knowledge prohibited from disclosing such information to you by a contractual, legal or fiduciary obligation to the Company or its representatives, or 