definiens: shall mean any and all proprietary information of TSRI or Sponsor which may be disclosed or made available b y such party ( the ) to the other party ( the ) at any time and from time to time during the term hereof . The fact that a disclosing party m ay have marked or identified as confidential or pro prietary any specific information shall be indicative that such disclosing party believes such information to be co nfidential or proprietary, but the failure to so mark information shall not conclusively determine that such informa tion was or was not considered confidential information by such disclosing party . Confidential Information shall a lso include any information which, given the circumstances surr ounding the disclosure, would be considered confide ntial by the disclosing party . Information shall not be cons idered confidential to the extent that the receivin g party can demonstrate by competent proof that such informatio n : a