definiens: means all infonnation and material dlsclosed by one Party ( ) to the other Party ( ) that is designated, at or before the time of disclosure, as proprietary or confidential, or provided under circumstances reasonably indicating that the infonnation or material is proprietary or confidentiaL In particular, of each Party is deemed to include all apparatus, assay components, biological materials, cell lines, clinical data, chemical compositions or structures, databases and data collections, diagrams, fonnulae, inventions ( whether or not patentable ), know - how, methods, processes, proprietary infonnation, protocols, schematics, specifications, software, software code ( in any fonn lOcluding source code and executable or object code ), techniques, works of authorship, and other fonns of technology ( whether or not embodied in any tangible fonn and including al1 tangible embodiments of the 8 SV 1268023 5 foregoing such as instruction manuals, laboratory notebooks, prototypes, samples, studies, and summaries ), including without limitation, any infonnatioll pertaining to any Invention