definiens: means and includes a ll technical information, inventions, developments, discoveries, software, know - how, methods, technique s, formulae, animate and inanimate materials, data, processes, finances, business operations or affairs, and other proprietary ideas, whether or not paten table or copyrightable, of either Party that are ( a ) marked or otherwise identified as confidential or propriet ary at the time of disclosure in writing ; or ( b ) if disclosed orall y, visually, or in another non - written form, identi fied as confidential at the time of disclosure and summariz ed in reasonable detail in writing as to its genera l content within 30 days after original disclosure . The Parti es acknowledge that ( i ) the terms and conditions of this Agreement and ( ii ) the records and reports referred to in Section 3.7 will be deemed the Confidential Information of both Parties, regardless of whether such informa tion is marked or identified as confidential . In ad dition, information provided to Licensee pursuant to the pr ovisions of Section 7.1 will be deemed the Confiden tial Information of Licensor, regardless of whether such information is marked or identified as confidentia l