premise: 1. This Agreement shall apply to:  (a) confidential or proprietary exchanged material and information (in written, taped or computerized form or format) that is clearly and prominently marked "Proprietary or "Confidential" or that is not so marked but, by its nature, is such that it reasonably should be held in confidence, including, but not limited to, technical, developmental, marketing, editorial, sales, operating, performance, cost, know-how, computer programming techniques, and any new or planned programs and services; 