definiens: shall mean any information disclosed by the Disclosing Party to the Receiving Party in connection with this Agreement ( including the terms of this Agreement ) ( a ) that is identified to the Receiving Party as, or that the Receiving Party knows ( or should know, acting reasonably, in light of the circumstances under which such information is disclosed ) is, the Disclosing Party 's confidential or proprietary information, and ( b ) that is not generally known to the public at the time it is disclosed to the Receiving Party . Confidential Information may include, but shall not be limited to, trade secrets, know - how, negative know - how, formulas, patterns, compilations, programs, devices, methods, techniques, processes, inventions, source codes, diagrams, marketing and pricing information, business strategies and information regarding customers and suppliers . Notwithstanding any the foregoing to the contrary, all Technology and Technical Information ( including, without limitation, all Technology and Technical Information described or embodied in the Purchased Assets ) will constitute Confidential Information of [COMPANY]