definiens: in the definition of Affiliate shall mean direct or indirect beneficialownership of 35 % or greater interest in the income of a Person or such other relationship as, in fact, constitutes actual control ), corporate counsel, employees and contractors who are under an obligation ofconfidentiality on terms substantially similar to those set out in this Agreement, who have been informed ofthe confidential nature of the Confidential Information and who require such information in the performance oftheir duties ; ( b)not to use, copy, duplicate, reproduce, translate or adapt, either directly or indirectly, any of the ConfidentialInformation of the other party for any purpose other than the development and commercialization of theLicensed Compounds and the Licensed Products under this Agreement, without the other party ’s prior writtenapproval ; ( c)that all copies, duplicates, reproductions, translations or adaptations of any Confidential Information of theother party permitted to be made hereunder shall be clearly labelled as confidential ; and ( d)to use commercially reasonable efforts consistent with such party ’s ordinary business practices to preventmaterial in its possession that contains or refers to Confidential Information of the other party from beingdiscovered, used or copied by Third Parties and that it shall use reasonable steps to protect and safeguard allConfidential Information of the other party in its possession from all loss, theft or destruction