definiens: of a Party shall mean all information and know - how and any tangible embodiments thereof provided by such Party to the other Party either in cOllilection with the discussions and negotiations pertaining to this Agreement or in the course of performing this Agreement ( including, without limitation, data ; knowledge ; practices ; processes ; ideas ; research plans ; engineering designs and drawings ; research data ; manufacturing processes and techniques ; scientific, manufacturing, marketing and business plans ; and financial and persollilel matters relating to the disclosing Party or to its present or future products, sales, suppliers, customers, employees, investors or business ), which information, know - how and tangible embodiments are reasonably considered to be proprietary and confidential by the disclosing Party and are designated as confidential in writing by the disclosing Party, whether by letter or by the use of an appropriate stamp or legend, prior to or at the time any such information, know - how or tangible embodiment is disclosed by the disclosing Party to the other Party . Notwithstanding the foregoing, information or know - how that is orally, electronically or visually disclosed by a Party, or is disclosed in writing or in some other tangible embodiment without an appropriate letter, stamp or legend, shall constitute Confidential Information of a Party ( i ) if the disclosing Party, within thirty ( 30 ) days after such disclosure, delivers to the other Party a written document or documents describing the information, know - how or other material, indicating the information, know - how or other material is confidential information of the disclosing Party, and referencing the place and date of such oral, visual, electronic or other disclosure and the names ofthe persons to whom such disclosure was made, or ( ii ) such information or know - how is of the type that is customarily considered to be confidential information by persons engaged in activities that are substantially similar to the activities being engaged in by the disclosing Party ( including, without limitation, software source code )