definiens: means, subject to Section 9.3 ( Exemptions ), ( a ) Know - How and any technical, scientific, trade, research, manufacturing, business, financial, marketing, product, supplier, intellectualproperty, and other non - public or proprietary data or information ( including unpublished patent applications)that may be disclosed by one Party or its Controlled Affiliates or JT ( with respect to Torii ) or Affiliates ( withrespect to BioCryst ) to the other Party or its Controlled Affiliates or JT ( with respect to Torii ) or Affiliates ( withrespect to BioCryst ) pursuant to this Agreement ( including information disclosed prior to the Effective Datepursuant to the Nondisclosure Agreement ), regardless of whether such information is specifically marked ordesignated as confidential and regardless of whether such information is in written, oral, electronic, or otherform, and ( b ) the terms of this Agreement