definiens: means, with respect to each Party, all Know - How or other information, including proprietary information and materials ( whether or not patentable ), regarding such Party 's technology, products, business information or objectives, that is communicated in any way or form by the Disclosing Party to the Receiving Party, on or after the Effective Date of this Agreement, and whether or not such Know - How or other information is identified as confidential at the time of disclosure ; provided that, information not identified as confidential by the Disclosing Party shall be deemed to be Confidential Information of the Disclosing Party if the Receiving Party knows, or should have had a reasonable expectation, that the information communicated by the Disclosing Party is Confidential Information of the Disclosing Party . The terms and conditions of this Agreement shall be considered Confidential Information of both Parties . Information disclosed by a Party under the Alliance Agreement or under any other prior agreement between the Parties that was required thereunder to be kept confidential shall be treated as Confidential Information under this Agreement