premise: 1. Definition of Confidential Information.  “Confidential Information” shall mean all information disclosed, directly or indirectly, through any means of communication or observation, by or on behalf of one party hereto (the "Disclosing Party") to the other party hereto (the "Receiving Party") on or after the date hereof, that relates to or is derived from the Disclosing Party’s business, strategic, marketing, technological or creative affairs, or to any other matter that the Receiving Party is advised or has reason to know is the confidential or proprietary information of the Disclosing Party.  Any material provided by either party to the other which is clearly designated "Confidential" (or other similar legend) will be presumed to be Confidential Information; the absence of any such legend, however, will not preclude the same from being deemed Confidential Information.