premise: (b) Information shall be deemed "Confidential Information" and shall be subject to the terms of this Agreement if: (i) the party to which such information is being disclosed is notified that the information is confidential or proprietary prior to its disclosure; or (ii) information in a tangible form is labeled as confidential or proprietary prior to its disclosure; or (iii) the party to which such information is being disclosed knows that such information is confidential or proprietary or would be reasonably expected to understand the confidential or proprietary nature of such information.