definiens: . As used herein, the term shall mean ( i ) all confidential busine ss information and ( ii ) technical communications, d ocuments or other information in each case, not constituting Pu rchaser Rights whether in written, oral or other fo rm, of FIS or a FIS Affiliate that are disclosed to Purchaser by * * * * Confidential Treatment Requested 22611.4 - 688182 v8 19 FIS or an FIS Affiliate, or Purchaser otherwise lea rns in connection with the negotiation or performan ce of this Agreement ; provided, however, that subject to the t erms of this Agreement, all information relating to the API shall be Purchaser Confidential Information . Purcha ser agrees that the provisions of this Agreement sh all apply to all FIS Confidential Information disclosed by FIS o r any FIS Affiliate or learned by Purchaser prior t o the Effective Date