definiens: means, in this Agreement, any information or mate rials in oral, written, pictorial, magnetic, graphic or maintained or transferred in a ny other media, which have been previously disclose d or may hereafter be disclosed by [COMPANY] to the Distributor, relating to the financial, technological and busi ness information, products, services and/or operations o f [COMPANY], including, but not limited to, business p lans, agreements, trade secrets, know - how, patents, formu lae, data, source code, object code, product plans, Product specifications, technical information, customer lis ts, and all other information of any kind or nature whatsoever, whether or not contained or incorporated in drawing s, photographs, memoranda, operational documents, m odels, prototypes, designs, quality control and test chart s, lists, manuals and methods, whether or not label ed as confidential or proprietary, and including, without limitation, all copies, excerpts, modifications, t ranslations, enhancements and adaptations of all the foregoing, whether made by the Distributor or otherwise