definiens: means any and all information ( in any form or media ) regarding a party ’s, prospective, methods of operation, engineering methods and processes ( including any information which may be obtained by a party by reverse engineering, decompiling or examining any Software or Hardware provided by the other party under this Agreement ), programs and databases, patents and designs, billing rates, billing pro cedures, identities of and contact information regarding Approved Vendors and Approved Buyer(s ), business methods, finances, management, and any other business information relating to such party ( whether constituting a trade secret or proprietary or otherw ise ) which has value to such party and is treated by such party as being confidential . A party receiving Confidential Information under this Agreement is referred to as the and a party disclosing, furnishing or making Confidential Informa tion available to the other party or its Representatives pursuant to this Agreement is referred to as the For purposes of this Agreement, will mean and include any individual, partnership, association, corporation, trust, uninc orporated organization, limited liability company or any other business entity or enterprise ; and will mean a party ’s employees, agents, or representatives, including without limitation, financial advisors, lawyers, accountants, experts an d consultants . Each party acknowledges that Confidential Information of a Disclosing Party is the property of the Disclosing Party, provided, however, that in no event is [COMPANY] Property to be considered included within or construed as the Confidential Info rmation of Supplier . The terms of this Agreement, including all Specifications, [COMPANY] Data, content of Reports, Forecasts, Prototypes or samples of the Product, Prototypes, First Articles, Approved First Articles, and any not previously publicly disclosed information about [COMPANY] ’s or its Affiliate(s ) ’ respective business, finances, information systems, software or technology provided by or on behalf of [COMPANY] to Supplier under this Agreement will be deemed Confidential Information of [COMPANY] without any furthe r marking or designation and regardless of the lack of the same