definiens: means, in this Section 23, any and all informatio n or materials maintained or transferred in oral, written, pictorial, magneti c, graphic or in any other media, which have been previously disclosed or may hereafter be disclosed by one of the parties ( in this Section 23, the ) to the other ( in this Section 23, the ), relating to the financial, technological and business information, products, s ervices and/or operations of the Disclosing Party, including, but not limited to, business plans, agre ements, trade secrets, know - how, patents, formulae, data, source code, object code, product plans, prod uct specifications, technical information, customer lists, and all other information of any kind or nat ure whatsoever, whether or not contained or incorpo rated in drawings, photographs, memoranda, operational do cuments, models, prototypes, designs, quality control and test charts, lists, manuals and methods, whether or not labeled as confidential or proprie tary, and including, without limitation, all copies, exce rpts, modifications, translations, enhancements and adaptations of all the foregoing, whether made by t he Recipient or otherwise . For the avoidance of dou bt, Confidential Information shall be deemed to include information and data exchanged between the parties prior to the Effective Date, including, without lim itation, under the Memorandum of Understanding date d as of January 15, 2006, as amended, and other prece ding agreements between the parties