definiens: means any and all information and data, including all scientific, non - clinical, pre - clinical, clinical, regulatory, Manuf acturing, marketing, financial, trade secret and co mmercial information or Data, whether communicated in writin g or orally or by any other method, which is provid ed by or on behalf of one Party or any of its Related Partie s ( the ) to the other Party or any of its Related Parties ( the ) in connection with this Agreement . Notwithstandi ng anything to the contrary set forth herein, ( a ) [COMPANY] Technolog y ( other than Joint IP ) is the Confidential Informa tion of [COMPANY] ; ( b ) Ono Technology ( other than Joint IP ) is the Confidential Information of Ono ; and ( c ) J oint IP which has not yet been publicly disclosed shall be deemed to be the Confidential Information of both P arties ; and ( d ) the terms of this Agreement shall be deemed to be the Confidential Information of both Parties . All information and data disclosed prior to the Effecti ve Date by or on behalf of either Party under, and subject to, the Confidentiality Agreement, dated as of April 24, 2017, between the Parties ( the ) shall be deemed the Confidential Information hereunder and s uch Party shall be deemed the Disclosing Party of s uch information and data hereunder and the other Party shall be deemed the Receiving Party hereunder