definiens: means and includes a ll technical information, inventions, developments, discoveries, software, know - how, methods, technique s, formulae, animate and inanimate materials, data, processes, finances, business operations or affairs, and other proprietary ideas, whether or not paten table or copyrightable, of either Party that are ( a ) marked or otherwise identified as confidential or propriet ary at the time of disclosure in writing ; or ( b ) if disclosed orall y, visually, or in another non - written form, identi fied as confidential at the time of disclosure and summariz ed in reasonable detail in writing as to its genera l content within 30 days after original disclosure . The Parti es acknowledge that ( i ) the terms and conditions of this Agreement will be deemed the Confidential Informati on of both Parties and ( ii ) the records and reports referred to Section 3.6 of this Agreement will be deemed the Confidential Information of Licensee, regardless o f whether such information is marked or identified as confide ntial . In addition, information provided to License e pursuant to the provisions of Section 7.1 will be deemed the Confidential Information of Licensor, regardless o f whether such information is marked or identified as confide ntial . Notwithstanding the foregoing, Confidential Information will not include the following, in each case, to the extent evidenced by competent written proof of the Receiving Party : 1.5.1 information that was already known to the Rec eiving Party, other than under an obligation of confidentiality, at the time of disclosure by the D isclosing Party ; 1.5.2 information that was generally available to t he public or otherwise part of the public domain at the time of its disclosure to the Receiving Party ; 1.5.3 information that became generally available t o the public or otherwise part of the public domain after its disclosure, other than through any act or omission of the Receiving Party in breach o f this Agreement ; 1.5.4 information that is independently discovered or developed by the Receiving Party without the use of Confidential Information of the Disclosing P arty ; or 1.5.5 information that was disclosed to the Receivi ng Party, other than under an obligation of confidentiality, by a Third Party who had no obliga tion to the Disclosing Party not to disclose such i nformation to others