definiens: shall mean all conﬁdential and proprietary information of a Party ( whether or notspeciﬁcally labeled or identiﬁed as whether disclosed directly or indirectly in writing, by oral communications, or by inspection oranalysis of samples, biomarkers, DNA, genes, cells, tissues, or other tangible objects, and in any form or medium ), including ( i ) the terms andconditions of this Agreement, ( ii ) BRNI Data and Licensed Technology, and ( iii ) other trade secrets, know - how, data, databases, analyses, techniques, technologies, systems, formulae, formulations, discoveries, research, development, actual or planned pre - clinical or clinicalactivities or trials ( and the results thereof ), records, reports, manuals, documentation, models, ﬁles, conﬁdential inventions, innovations, improvements, developments, methods, processes, designs, drawings, reports, documentation, prototypes and all similar or related information, whether or not patentable