definiens: ) that is Confidential Information of the Discloser . For purposes of this Agreement, shall mean any information disclosed by the Discloser to the Recipient, whether technology - related or business - related, whether furnished before or after the Effective Date and irrespective of the form of communication, that is considered competitive, confidential or proprietary in nature including, though not limited to, information or data concerning the Discloser 's products or product plans, business operations, strategies, customers and related business information, design documents, drawings, engineering information, financial analysis, forecasts, formulae, hardware configuration information, know - how, ideas, inventions, market information, marketing plans, processes, products, product plans, research, specifications, software, source code and trade secrets . The Recipient will protect the confidentiality of Confidential Information with the same degree of care as the Recipient uses for its own similar information, but no less than a reasonable degree of care . Confidential Information may only be used by those employees of the Recipient who have a need to know such information for the purposes related to this Agreement, and the Recipient shall inform such employees of the confidential nature of such Confidential Information and the obligations of the Recipient hereunder . The Recipient agrees to be responsible for any breach of this Agreement by it or its employees to the same extent as though such employees were parties hereto . The parties acknowledge that all forecasts and the terms of this Agreement are deemed Confidential Information to be protected for a term of three years from the date of disclosure and that all other Confidential Information shall be protected indefinitel y