definiens: of a party, means confidential or proprietary info rmation, whether written, oral or in any other form, disclosed by su ch party to the other party, including any of the f oregoing of Third Parties . includes the following, which are transferred, disclosed or made available by the disclosing party : ( a ) confidential and proprietary technical and co mmercial information, Know- How, drawings, specifications, models and/or designs rel ating to de velopment, manufacture, production, registration, promotion, distribution, marketing, performance or sale(s ) ; ( b ) experimental, manufacturing, process, analytical, p ackaging, product, warehousing, quality control and quality assurance and marketing specifications, standards, procedures, processes, methods, instructions and te chniques, samples, prototypes, formulae, writings of any kind, opinions or otherwi se unwritten data or in the form of computer software or computer programs ; ( c ) biological, chemical or physical materials provided under this Agreement ; ( d ) reports provided under this Agreement ; and ( e ) subject to Section 11.5, the terms of this Agreement, including corres pondence and notices provided under this Agreement