definiens: means ( a ) any reports prepared by Licensee and provided to [COMPANY] pursuant to Sections 3.5 ( Repor ting ), 4.1.3 ( Information ) and 5.1.1 ( Reports ) ; ( b ) any copies of Sublicenses, or inform ation extracted therefrom, provided by Licensee to [COMPANY] under Section 2.4.3 ( Delivery o f Sublicenses ) ; ( c ) any information or material in tangible form that is provided to Harva rd in connection with this Agreement and is marked as or proprietary by Licensee at the time it is sent to [COMPANY] or is furnished orally by Licensee if Licensee identifies such information as or proprietary in writing by a memorandum delivered to [COMPANY] within thirty [ * * * ] after the date of disclosure ; and ( d ) the terms of this Agreement ( but not its existence or general subject matter of it ), which shall constitute the Confident ial Information of both parties