definiens: shall mean any information disclosed by the Discloser to the Recipient, whether technology - related orbusiness - 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 together with any notes, summaries, reports, analyses, or other material derived by the Recipient or its Representatives ( defined below ) in whole or in part from suchinformation in whatever form . The Recipient will protect the Confidential Information with the same degree of care asthe Recipient uses for its own similar information, but no less than a reasonable degree of care . ConfidentialInformation may only be used by those employees, contractors and advisors of the Recipient and its Affiliates ( ) who have a need to know such information for the purposes related to this Agreement and who arebound by equivalent obligations as to confidentiality, and the Recipient shall inform such Representatives of theconfidential nature of such Confidential Information and the obligations of the Recipient hereunder . The Recipientshall be responsible for any breach of this Agreement by it or any Representative to the same extent as though suchRepresentatives were Parties hereto . The Parties acknowledge that Confidential Information that a party identifies as atrade secret is deemed Confidential Information to be protected indefinitely . The Parties also agree that all otherinformation, including but not limited to technical information ( which is not a trade secret ) and forecasts disclosedduring the Term or prior to the formation of this Agreement are deemed Confidential Information to be protected for aterm of ten ( 10 ) years from the date of disclosure