definiens: means any and all confidential or proprietary information disclosed by or on behalf of the Disclosing Party to the Receiving Party in connection with the obligations and rights of each Party under this Agreement or the Product or otherwise in connection with this Agreement ( in each case, whether or no t marked or otherwise identified as confidential, proprietary or with words of similar import ), including, without limitation, information relating to designs, know -how, inventions, technical data, ideas, uses, processes, methods, formulae, research and de velopment activities, work in process, cost and pricing information, plans and strategies, or any scientific, engineering, manufacturing, marketing, business, financial or other information relating to the Disclosing Party or any of its Affiliates, its or any if its Affiliates ’ present or future products, sales, suppliers, prospective suppliers, customers, prospective customers, employees, investors or business, together with any information provided to the Disclosing Party on a confidential basis by a thir d party ; in each such case regardless of the form in which the information is disclosed or delivered ( e.g. oral, written, graphic or electronic ) . Without limiting the foregoing, Confidential Information shall also include any other information, regardless whether in oral, written, graphic or electronic form, which, given the circumstances surrounding such disclosure, would be considered confidential by the Disclosing Party . All Confidential Information regarding Products shall be Eton ’s Confidential Informa tion, with Eton as the Disclosing Party and Andersen as the Receiving Party . The terms of this Agreement, as well as the existence of this Agreement, shall be deemed Confidential Information of both Parties