definiens: means and includes all technical information, inventions, developments, discoveries, software, Know - How, methods, techniques, formulae, animate and inanimate materials, data, processes, finances, business operations or affairs, and otherCONFIDENTIAL TREATMENT REQUESTED proprietary ideas, whether or not patentable or copyrightable, of either Party that are ( a ) marked or otherwise identifiedas confidential or proprietary at the time of disclosure in writing ; or ( b ) if disclosed orally, visually, or in another non - written form, identified as confidential at the time of disclosure and summarized in reasonable detail in writing as to itsgeneral content within 30 days after original disclosure . The Parties acknowledge that ( i ) the terms and conditions ofthis Agreement and ( ii ) the records and reports referred to in Section 3.5 will be deemed the Confidential Information ofboth Parties, regardless of whether such information is marked or identified as confidential . In addition, informationprovided to Licensee pursuant to the provisions of Section 7.1 will be deemed the Confidential Information of Licensor, regardless of whether such information is marked or identified as confidential . Notwithstanding the foregoing, Confidential Information will not include the following, in each case, to the extent evidenced by competent writtenproof of the Receiving Party:1.5.1 information that was already known to the Receiving Party, other than under an obligation of confidentiality, at the time of disclosure by the Disclosing Party;1.5.2 information that was generally available to the public or otherwise part of the public domain at the time of itsdisclosure to the Receiving Party;1.5.3 information that became generally available to the public or otherwise part of the public domain after itsdisclosure, other than through any act or omission of the Receiving Party in breach of this Agreement;1.5.4 information that is independently discovered or developed by the Receiving Party without the use ofConfidential Information of the Disclosing Party ; or1.5.5 information that was disclosed to the Receiving Party, other than under an obligation of confidentiality, by aThird Party who had no obligation to the Disclosing Party not to disclose such information to others