means all information of a confidential nature (in whatever form) which relates to the Purpose and is received or acquired (whether directly or indirectly) by a party[, its Authorised Persons][ or its Affiliates] including:
(a)
any know-how, trade secrets, financial, commercial, technical, tactical or strategic information of any kind;
(b)
all information produced, developed or derived from information disclosed pursuant to this Agreement;
(c)
all information agreed to be, or marked as, confidential;
(d)
[the information specified in Schedule [insert Schedule number] to this Agreement;]
(e)
any information a party[, its Affiliates][ or [its OR their] Authorised Persons] knows, or could reasonably be expected to know, is confidential; and
(f)
[the terms and existence of this Agreement.]
but excluding any information which:
(a)
is, or was already known or available to a party, otherwise than pursuant to or through breach of any confidentiality obligation owed to the other party;
(b)
is, or becomes, in the public domain other than through any breach of this Agreement (save that any publicly available information shall be classified as Confidential Information where it is compiled in a form that is not in the public domain);
(c)
is disclosed to a party without any obligation of confidence to the other party by an individual or entity which is not itself under or in breach of any obligation of confidentiality;
(d)
is developed by or on behalf of a party in circumstances where the developing party has not had direct or indirect access to the information disclosed by the other party, provided that satisfactory evidence of the same is provided to the disclosing party;
(e)
the parties agree in writing does not constitute Confidential Information.