definiens: means any and all scientific, technical, financial, operational, marketing, economic, business or other infonnation in whatever form ( written, oral or visual ) that is furnished or made available to one party ( a " Recipienf ' ) by or on behalf of the other party ( a '' Discloser '' ), and that ( i ) if in tangible form, is labeled in writing as proprietary or confidential ; ( ii ) if in oral { W2889005.3 } 1 Confidential or visual form, is identified as proprietary or confidential by the Discloser at the time of disclosure or within thirty ( 30 ) days thereafter ; or ( iii ) whether or not labeled or otherwise identified by Discloser as confidential or proprietary, should be deemed to be confidential or proprietary by a reasonable person given the nature of the infonnation and/or the circumstances under which it was disclosed . Confidential Infonnation includes, without limitation, trade secrets, patterns, plans, compilations, programs, devices, formulas, designs, prototypes, methods, techniques, processes, procedures, know - how, inventions, codes, software, data and databases, product names, marks, marketing materials and programs, specifications and materials