definiens: means all Information, documents ( including unpubli shed patent applications ), trade secrets, or materi als supplied by the other Party under this Agreement, whether di sclosed orally, visually, in writing or in any tang ible or electronic form or media, that is confidential or p roprietary and is marked or otherwise identified as or which the receiving party should reasonably reco gnize as being confidential . Confidential Informati on may be owned by the disclosing Party or its Affiliates or held by the disclosing Party or its Affiliates unde r an obligation of confidentiality to a Third Party . The terms of t his Agreement and Information related to the Produc t shall be the Confidential Information of both Parties . Confident ial Information of a Party may also include informa tion relating to such Party ’s or its Affiliates ’ [ * ] . Information shall not be considered Confidential Information to the extent the receiving Party can demonstrate by competent ev idence that such Information : 77 [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE IT IS BOTH ( I ) NOT MATERIAL AND ( II ) WOULD LIKELY CAUSE COMPETITIVE HARM IF PUBLICLY DISCLOSED