definiens: shall, subject to Section 11.3, mean any and all data, results, know - how ( including the Licensed Know - How ), plans, business information and other Know - How, whetheroral or in writing or in any other form, disclosed before, on or after the date of this Agreement by one Party tothe other Party, including the terms of this 38 Agreement . At all times during the term of this Agreement and for a period of five ( 5 ) years followingtermination or expiration hereof, each Party ( the ) shall, and shall cause its officers, directors, employees, agents, Affiliates and Sublicensees to, keep confidential and not publish or otherwisedisclose and not use, directly or indirectly, for any purpose, any Confidential Information provided to it by theother Party ( the ), except to the extent such disclosure or use is expressly permitted by theterms of this Agreement or is reasonably necessary for the performance of this Agreement