definiens: means, with respect to each Party, all Know -How or other non -public information in whatever form ( including, written, oral, or visual ), including proprietary information and materials ( whether or n ot patentable ) regarding or embodying such Party ’s or its Representatives ’ technology, products, services, intellectual property, software, inventions, processes, formulas, technical data, designs, drawings, research and development plans, finances, operat ions or business information or objectives, that is communicated, provided or made available by or on behalf of the Disclosing Party to the Receiving Party or its Representatives, on or after the Effective Date . In addition, will include : ( a ) confidential information of a Third Party provided or made available by or on behalf of the Disclosing Party to the Receiving Party or its Representatives on or after the Effective Date, which the Disclosing Party has a legal right to disclos e to the Receiving Party under terms of confidentiality ; and ( b ) any notes, analyses, compilations, studies, interpretations, memoranda or other documents prepared by the Receiving Party or its Representatives to the extent containing, reflecting or based upon, in whole or in part, any Confidential Information communicated, furnished or made available to the Receiving Party or its Representatives pursuant hereto