definiens: means and includes a ll technical information, inventions, developments, discoveries, software, know - how, methods, technique s, formulae, animate and inanimate materials, data, processes, finances, business operations or affairs, and other proprietary ideas, whether or not paten table or copyrightable, of either Party that are ( a ) marked or otherwise identified as confidential or propriet ary at the time of disclosure in writing ; or ( b ) if disclosed orall y, visually, or in another non - written form, identi fied as confidential at the time of disclosure and summariz ed in reasonable detail in writing as to its genera l content within 30 days after original disclosure . The Parti es acknowledge that ( i ) the terms and conditions of this Agreement and ( ii ) the records and reports referred to in Section 3.6 will be deemed the Confidential Information of both Parties, regardless of whether such informa tion is marked or identified as confidential . In ad dition, information provided to Licensee pursuant to the * * * * C ERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION . C ONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS