definiens: means ( a ) subject to clause ( c ) below, any Know - How and other proprietary scientific marketing, financial or comm ercial information or data, in any form ( written, o ral, photographic, electronic, magnetic, or otherwise ) t hat is disclosed, supplied or made available to a P arty ( the ) or any of its Affiliates by the other Party ( the ) or any of its Affiliates or otherwise received or accessed by the Receiving Par ty or any of its Affiliates in the course of perfor ming the Receiving Party ’s obligations or exercising the Rec eiving Party ’s rights under this Agreement ; ( b ) sub ject to clause ( c ) below, any information that was disclosed by IN FI to Licensee or any Affiliate of Licensee prior t o the Effective Date pursuant to the Confidential Disclosure Agree ment between INFI and Licensee, dated [ * * * ] ( the ), which shall be treated as INFI ’s Confidential Information, with INFI cons idered the Disclosing Party and Licensee considered the Receiv ing Party ; ( c ) any Duvelisib Know - How Controlled by INFI as of the Effective Date that is solely and specifi cally related to the IPI-145 Compound or IPI-145 Pr oduct, which shall be treated as INFI ’s and Licensee ’s Confident ial Information, with each of INFI and Licensee con sidered the Disclosing Party and each of Licensee and INFI cons idered the Receiving Party ; ( d ) any Know - How with r espect to which INFI is subject to any confidentiality or non - use obligations to any Third Party Grantor purs uant to an INFI Third Party Agreement, which shall be treated as INFI ’s Confidential Information, with INFI consi dered the Disclosing Party and Licensee considered the Receiv ing Party ; ( e ) any reports or other information ( in cluding any information made available in connection with any a udit ) delivered, disclosed or made available by Lic ensee, its Affiliates or its Sublicensees to INFI, its Affilia tes or any Third Party Grantor in connection with t his Agreement, which shall be treated as Licensee ’s Confidential I nformation ; and ( f ) the terms and conditions of thi s Agreement, which shall be treated as the Confidential informat ion of both INFI and Licensee