definiens: . As used herein, the term shall mean all confidential business and technical communications, documents and other information, whether inwritten, oral or other form, which [COMPANY] or a [COMPANY] Affiliate furnishes or discloses to Prometheus or which Prometheusotherwise learns in connection with the negotiation or performance of this Agreement ( whether relating to [COMPANY], a GSKAffiliate or any Third Party for which [COMPANY] has an obligation of confidentiality ) . Prometheus agrees that the provisionsof this Agreement shall apply to all [COMPANY] Confidential Information disclosed by [COMPANY] or a [COMPANY] Affiliate to Prometheusor learned by Prometheus prior to the Effective Date . Prometheus represents and warrants that prior to the EffectiveDate, it has not used or disclosed to any Third Party any [COMPANY] Confidential Information, except as would be permittedhereunder