definiens: means ( i ) this Agreement and the terms hereof and t hereof, ( ii ) all information marked confidential, restricted or proprietary by either P arty, and ( iii ) any other information that is treated as confidential by the disclosing Party and would reasonably be understood to be confidential, whether or not so marked . In the case of [COMPANY] and the Eligible Recipients, Confidential Information also shall include Softwar e provided to Supplier by [COMPANY] or an Eligible Recipient, [COMPANY] Owned Materials, Hercu les Data, [COMPANY] Personal Data, Authorized User information, attorney - client privil eged materials, attorney work product, customer lists, customer contracts, customer inform ation, rates and pricing, information with respect to competitors, strategic plans, account in formation, research information, information that contains trade secrets, financial / accounting i nformation ( including assets, expenditures, mergers, acquisitions, divestitures, billings colle ctions, revenues, finances, forecasts and budgets ), human resources and personnel information, marketing / sales information, information regarding businesses, plans, operations, mergers, acquisitions, divestitures, third party contracts, licenses, internal or external aud its, law suits, regulatory compliance or other information or data of [COMPANY], an Eligible Recipi ent, an Authorized User or a [COMPANY] Third Party Contractor obtained, received, transmitted, p rocessed, stored, archived, or maintained by Supplier under this Agreement . In the case of Suppl ier, Confidential Information also shall include Software provided to [COMPANY] by Supplier, Supplier Owned Materials, attorney - client privileged materials, attorney work product, inform ation regarding other Supplier customers, financial information relating to Supplier 's busine ss or operation, information regarding Supplier ’s business plans and other like informatio n or data or Supplier or its Subcontractors or Affiliates received by [COMPANY] pursuant to this Ag reement