definiens: means, with respect to a Disclosing Party, all information of anykind whatsoever, including data, compilations, formulations, models, invention disclosures, procedures, processes, projections, protocols, results of experimentations and testing, speciﬁcations, strategies, techniques, marketing, employment, employee beneﬁts, inventory, advertising, ﬁnancial, commercial, sales or programming information andmaterials, and all non - public intellectual property, and all tangible and intangible embodiments thereof of any kind ( includingapparatus, compositions, documents, drawings, machinery, patent applications, records and reports ), which is disclosed bysuch Disclosing Party to the Receiving Party and is marked, identiﬁed, otherwise acknowledged or known by the ReceivingParty to be confidential at the time of disclosure to the Receiving Party, or is of a confidential, non - public nature