definiens: ) to provide Confidential Information ( as defined herein ) to the other party ( the ) that is highly valuable, the disclosure of which would be highly prejudicial to such party . The disclosure and use of Conf idential Information shall be governed by the provisions of this Section 8 . Neither Company nor CyDex shall use the other ’s Confidential Information except as expressly permitted in this Agreement . For purposes of this Agreement, means all information disclosed by the Disclosing Party to the Receiving Party and which reasonably ought to have been understood to be confidential and/or non -public information at the time disclosed to the Receiving Party, or which is designated in writ ing by the Disclosing Party as ( or equivalent ), or which when disclosed orally to the Receiving Party is declared to be confidential by the Disclosing Party and is so confirmed in a writing delivered to the Receiving Party within [ * * * ] of su ch oral disclosure, including but not limited to product 13 specifications, data, know -how, formulations, product concepts, sample materials, business and technical information, financial data, batch records, trade secrets, processes, techniques, algorithms, programs, designs, drawings, and any other information related to a party ’s present or future products, sales, suppliers, customers, employees, investors or business . Without limiting the generality of the foregoing, CyDex ’s Confidential Inform ation includes all materials provided as part of the Captisol Data Package