definiens: shall mean technical, c ommercial, marketing and other information, data an d material of the kind which is or can be used in the operation of a business and which is normally cons idered to be confidential or proprietary in nature including, bu t not limited to, any algorithm ; procedure ; idea ; c oncept ; strategic, business and other plan ; research ; inven tion or invention disclosure ( whether patentable or unpatentable ) ; test, engineering and technical data and materials, know - how, show - how or methodology ; trade secret, p rocess, design, formula, or other information or data which has not entered the public domain, and all records or fixations including, but not limited to, laboratory notes, so urce code and software documentation . The term shall also include the terms and provi sions of this Agreement and any other material info rmation relating to this Agreement or the transactions cont emplated hereunder