definiens: of a Party means all Know - How, or other information, including proprietary information ( whether or not patentable ) regarding or embodying such Party ’s or its Representatives ’ technology, products, business information or objectives, including but not limited to unpublished patent applications and other non - public information and data of a financial, commercial, business, operational or technical nature ( including information comprising or relating to concepts, discoveries, inventions, data, designs or formulae ), that is disclosed by or on behalf of such Party or any of its Affiliates or otherwise made available to the other Party or any of its Affiliates, whether made available orally, in writing or in electronic form, in connection with this Agreement on or after the Effective Date ( or as otherwise provided in Section 12.12 ), but only to the extent that such Know - How or other information in written form is marked in writing as at the time of disclosure, and such Know - How or other information disclosed orally or in non - tangible form is identified by the Disclosing Party as at the time of disclosure