definiens: means any trade secret as defined by the Uniform Tr ade Secrets Act ( ), other information viewed by the party disclosing it ( the ) as confidential and/or proprietary, and any and all information or proprie tary materials ( in every form and media ) not generally known in the relevant trade or industry m ade available by either party to the party receiving such information ( in such case, the ) in connection with the efforts contemplated hereunder and which the Disclosing Par ty designates as confidential or may reasonably be understood as confidential, including, but not limited to ( i ) all Intellectual Property of either party ; ( ii ) existing or contemplated prod ucts, services, designs, inventions, technology, processes, technical data, engineering, techniques, methodologies and concepts and any information related thereto ; and ( iii ) information relating to business plans, sales, consultants, employees, or marketing methods and customer lists or requirements . The Receiving Party will maintain the information in confidence using the sa me standard of care it uses to maintain its own Confidential and Proprietary Information in confide nce, but in any case, no less than reasonable commercial diligence, and will not use such informa tion for itself or others except as provided in this Agreement . Such obligation of confidentiality and non - use shall not apply to information which ( a ) is known to the Receiving Party prior to the disclo sure as demonstrated by documentary evidence, ( b ) is publicly known as of the date of t he disclosure, ( c ) becomes publicly known after the date of disclosure through no fault of the Rece iving Party, ( d ) is received by the Receiving Party from a Page 9 of 24 [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitte d and filed separately with the Securities and Exchange C ommission pursuant to Rule 406 of the Securities Ac t of 1933, as amended