definiens: means all confidential or proprietary information of a Party disclosed by or on behalf of therelevant Party ( whether through its representatives, counsel, directors, officers, employees, agents, subcontractors, orAffiliates ( collectively, the ) to the other Party pursuant to this Agreement in written, oral or any otherform ( such as by permitting examination of tangible items or viewing of premises ) ; and which may include, but is notlimited to, technical data, trade secrets, know - how, intellectual property or other materials owned or controlled byDisclosing Party, including, but not limited to, research, product plans, products, samples, specifications, serviceplans, services, customer lists, customers, markets, software, developments, inventions, processes, formulas, chemical applications, laboratory instruments, laboratory methods of analysis, interpretation of lab results, techniques, technology, manufacturing methods, equipment, designs, drawings, engineering, marketing, distribution and salesmethods and systems, sales and profit figures, pricing, finances and other business information, and all analyses, compilations, studies or other materials prepared by Recipient containing or based in whole or in part upon suchinformation furnished to Recipient by Disclosing Party or its Representatives