definiens: means all intellectual property, including software and other technical data, products and product designs, and information, materials and documents relating to products, product designs, product testing, markets, business plans, including fin ancial information, business opportunities and trade secrets, disclosed, orally or in any written form, by one party to another under the Agreement, but which is non -public, private or proprietary in nature . Confidential Information shall also include all summaries, analyses, documents, memoranda, notes and other writings, including all the terms, conditions and definitions of this agreement and any and all exhibits attached hereto, prepared by either party containing or based on other Confidential Informat ion ; ( b ) means the goods and services to be delivered or provided by CCC to [COMPANY] as provided in Section 2.2 and Exhibit A and/or otherwise described in this Agreement ; ( c ) means all rights of a party to de signs, inventions ( whether patentable or not ), copyrights, trademarks, trade secrets, processes, software, devices and other intellectual property and confidential information owned or held by a party immediately prior to the execution of this Agreement ; ( d ) means all test results, designs, inventions ( whether patentable or not ), copyrights, trademarks, trade secrets, processes, software, devices, confidential information and other intellectual property developed by either party as a result of this Agreement ; ( e ) means the field of delivering electrical stimulation therapy to the Gastrointestinal ( GI ) tract for the treatment of Gastro -Esophageal Reflux Disease ( GERD ), or delivering electrical stimulation therapy to the Esophagus and/or the Lower Esophageal Sphinc ter ( LES ) for the treatment of metabolic or Gastrointestinal conditions ; ( f ) means the hardware and software associated with the [COMPANY] IPG, the LES Stimulator, LES Programmer System and the LES Lead to be delivered to [COMPANY] under this Agreement ; ( g ) means the [COMPANY] IPG and the LES Lead, packaged together, to be delivered to [COMPANY] under this Agreement ; ( h ) means any of the following : LES Stimulator, LES Lead, LES Programmer System, [COMPANY] IPG, and Units, a s defined within this Agreement ; ( i ),,, means a Device that has been produced at CCC and : ( i ) has been shipped to a destination indicated by [COMPANY] ; or ( ii ) has entered into CCC ’s stock of finished products and is ready to ship ; or ( iii ) has been held at any other production stage upon EndoS tim request