premise: Notwithstanding the foregoing, nothing will be considered "Proprietary Information" of the Disclosing Party unless either  (1) it is first disclosed in tangible form and is conspicuously marked "Confidential", "Proprietary" or the like or  (2) it is first disclosed in non-tangible form and orally identified as confidential at the time of disclosure and is summarized in tangible form conspicuously marked "Confidential" within thirty (30) days of the original disclosure.