definiens: of a Party means, subject to Section 8.2, ( a ) all Know - How, unpublished patent applications and other non - publi c information and data of a financial, commercial, business, operational or technical nature of such Party that is disclosed by or on behalf of such Party or any o f its Affiliates or otherwise made available to the other Party or a ny of its Affiliates, in each case in connection wi th this Agreement or the Existing Confidentiality Agreement, whether made available orally, visually, in writi ng or in electronic form, and ( b ) any information that was d isclosed by or on behalf of a Party or any of its A ffiliates to the other Party or any of its Affiliates prior to the E ffective Date pursuant to the confidentiality agree ment between [COMPANY] and Licensee, dated January 11, 2018 ( the ) . For the avoidance of doubt, the terms and conditions of this Agreement s hall be deemed the Confidential Information of both Parties