premise: “Confidential Information” means any information, technical data, or know-how (including, but not limited to, information relating to research, products, software, services, development, inventions, processes, engineering, marketing, techniques, customers, pricing, internal procedures, business and marketing plans or strategies, finances, employees and business opportunities) disclosed by the Disclosing Party to the Recipient, either directly or indirectly, in any form whatsoever (including, but not limited to, in writing, in machine readable or other tangible form, orally or visually):  (i) that is a trade secret under applicable law;  (ii) that has been marked as “confidential” or “proprietary” or similar legend;  (iii) whose confidential nature has been made known by the Disclosing Party, orally or in writing, to the Recipient;  (iv) that due to its character and nature, a reasonable person under like circumstances would treat as confidential; or  (v) discussions relating to such information whether these discussions occur prior to, concurrent with, or following disclosure of such information.