definiens: means any propr ietary or confidential information communicated fro m one party to another in connection with or relating to this Agreement or the Product, which is identified as confidential or proprietary, or which the other par ty knows or has reason to know is confidential or p roprietary, including the Technology and financial, marketing, business, technical and scientific information or d ata ( including the [COMPANY] Financials and S2 Financ ials ) and information contained within the Annual P lan or other reports provided by [COMPANY] to the other par ties hereunder, whether communicated in writing, or ally or electronically . Proprietary Information shall not i nclude information that the receiving party can sho w through written documentation : ( a ) at the time of disclosure, is publicly kno wn ; * * * Certain information on this page has been omitted a nd filed separately with the Securities and Exchang e Commission . Confidential treatment has been requested with respect to the om itted portions