definiens: of a Party means all proprietary Know - How, unpublished patent applicationsand other non - public information and data of a financial, commercial, business, operational or technical nature of suchParty that is disclosed by or on behalf of such Party, its Affiliates or its or their ( Sub)licensees, or otherwise madeavailable to the other Party, its Affiliates or its or their ( Sub)licensees, prior to, on or after the Effective Date, whethermade available orally, in writing or in electronic form in connection with this Agreement, including the terms of thisAgreement, information comprising or relating to concepts, discoveries, inventions, data, designs or formulae inconnection with this Agreement . All [COMPANY] Licensed Know - How and Joint Program Know - How and the terms ofthis Agreement shall be deemed to be the Confidential Information of both Parties ( and both Parties shall be deemedto be the receiving Party and the disclosing Party with respect thereto )