premise: C. The parties may, in conjunction with the aforesaid, disclose to each other proprietary and/or confidential information including but not limited to information relating to imaging techniques, algorithms, processes, products, business plans, practices and strategies, discoveries, ideas, concepts, inventions, know-how, techniques, designs, specifications, blueprints, diagrams, models, prototype, flow charts, data, computer programs, and other technical, financial or commercial information whether in written, oral or other tangible or intangible forms (collectively, the "other Confidential Information"). D. The parties intend by this Agreement to set forth their agreement to safeguard the other party's other confidential information and not to disclose or use it for any purpose not permitted by the other party. TERMS AND CONDITIONS NOW THEREFORE, for good and valuable consideration the receipt of which is hereby acknowledged and the covenants contained herein and intending to be legally bound hereby, it is hereby agreed by the parties hereto as follows: 1. Duty to Keep Confidential.  Each party receiving other confidential information ("Receiving Party") belonging to or received from the other party (the "Disclosing Party") shall safeguard the Disclosing Party's Other Confidential Information and shall not disclose it (or any concepts, inventions or other information derived there from) to third parties (unless required by any judicial or governmental request, requirement or order) or to use it (or any concepts, inventions or other information derived there from) for any purposes other than evaluation without the express prior written consent of the Disclosing Party set forth in a separate written consent. 2. Identification.  The disclosing Party shall identify the written Other Confidential Information or any other Confidential Information disclosed in tangible media by marketing it "Confidential" or "Proprietary" or "Secret" or words of similar import.  Other Confidential Information disclosed orally shall be thereafter summarized by the Disclosing party and the summary provided to the Receiving Party clearly identifying that such information is other party that was not known by such party or commonly known in the public domain shall be presumed to be other confidential for purposes of this Agreement.