(ii) any concepts, samples, reports, data, know-how, works-in-progress, designs,
drawings, photographs, development tools, specifications, software pro-
grams, source code, object code, flow charts, and databases;
(iii) any marketing strategies, plans, financial information, or projections, opera-
tions, sales estimates, business plans and performance results relating to the
Party’s past, present or future business activities, or those of its affiliates,
subsidiaries and affiliated companies;
(iv) trade secrets; plans for products or services, and customer or supplier lists;
(v) any other information that should reasonably be recognised as Confidential
Information by the Parties.
1.2 The Parties agree hereby that Confidential Information needs not to be novel, unique,
patentable, copyrightable or constitutes a trade secret in order to be designated Confi-
dential Information and therefore protected.
1.3 Confidential Information shall be identified either by marking it, in the case of writ-
ten materials, or, in the case of information that is disclosed orally or written materials
that are not marked, by notifying the other Party of the confidential nature of the infor-
mation. Such notification shall be done orally, by e-mail or written correspondence, or
1.4 The Parties hereby acknowledge that the Confidential Information proprietary to
each Party has been developed and obtained through great efforts and shall be regarded
and kept as Confidential Information.
1.5 For the purposes of this Agreement, the Party which discloses Confidential Infor-
mation within the terms established hereunder to the other Party shall be regarded as
the Disclosing Party. Likewise the Party which receives the disclosed Confidential Infor-
mation shall be regarded as the Receiving Party.
1.6 Notwithstanding the aforementioned, Confidential Information shall exclude infor-
mation that:
(i) is already in the public domain at the time of disclosure by the Disclosing Par-
ty to the Receiving Party or thereafter enters the public domain without any
breach of the terms of this Agreement;
(ii) was already known by the Receiving Party before the moment of disclosure
(under evidence of reasonable proof or written record of such disclosure);