definiens: means all trade secrets, processes, formulas, data, know - how, improvements, inventions, chemical or biological materials, techniques, marketing plans, strategies, customer lists, or other information that has been created, discovered, or developed by a Party, or has otherwise become known to a Party, or to which rights have been assigned to a Party, as well as any other information and materials that are deemed confidential or proprietary to or by a Party ( including all information and materials of a Party 's customers and any other Third Party ), in each case that are disclosed by such Party to the other Party in connection with the Agreement or the performance of the Parties hereunder, regardless of whether any of the foregoing are marked or or communicated to the other by the disclosing Party in oral, written, graphic, or electronic form . For purposes of this Agreement, any know - how that is subject to a license granted hereunder shall be treated as being Confidential Information of both the licensor and the licensee