WITH RESPECT TO THE MATERIAL. EACH PARTY HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE DEVELOPMENT, COLLECTION, PROCESSING AND SUPPLY OR COMMERCIALIZATION OF THE PRODUCTS PURSUANT TO THIS AGREEMENT WILL BE SUCCESSFUL.
7.1 Confidentiality. Confidential Information means all non-public, confidential, or proprietary information of a Party, or its Affiliates, whether in oral, written, electronic, or other form or media, whether or not such information is marked, designated, or otherwise identified as confidential and includes the terms of this Agreement and any information that, due to the nature of its subject matter or circumstances surrounding its disclosure, would reasonably be understood to be confidential or proprietary, including, specifically: (a) a Partys other unpatented inventions, ideas, methods, discoveries, know-how, trade secrets, unpublished patent applications, invention disclosures, invention summaries, and other confidential intellectual property; (b) all other business, financial or technical information, designs, specifications, documentation, components, source code, object code, images, icons, audiovisual components and objects, schematics, drawings, protocols, processes, and other visual depictions, in whole or in part, of any of the foregoing; and (c) all notes, analyses, compilations, reports, forecasts, studies, samples, data, statistics, summaries, interpretations, and other materials prepared by or for a Party, its Affiliates or its Representatives (as defined below) that contain, are based on, or otherwise reflect or are derived from any of the foregoing in whole or in part.
Confidential Information shall not include information which:
7.1.1 prior to receipt thereof from one Party was in the possession of the receiving Party and at its free disposal, as can be demonstrated by the receiving Party through written evidence;
7.1.2 is subsequently disclosed to the receiving Party without any obligations of confidence by a Third Party who has not derived it directly or indirectly from the disclosing Party;
7.1.3 is or becomes generally available to the public through no act or default of the receiving Party or its Representatives, or Affiliates;
7.1.4 is independently developed by the receiving Party without the benefit of any disclosure hereunder, as demonstrated by documented evidence prepared contemporaneously with such independent development; or
7.1.5 is required to be disclosed by law, regulation or action of any governmental agency or authority or to comply with the requirements of any securities exchange or to any governmental or regulatory agency, including any Regulatory Authority, in connection with a regulatory filing.
No Confidential Information is included in any of the foregoing exceptions merely because it comprises or relates to the same general subject matter as a specific item of disclosure falling within such exceptions, nor is any general subject matter of Confidential Information within any of the foregoing exceptions merely because one or more specific items comprising or relating to such subject matter fall within such exceptions.
7.2 Dermata agrees to maintain secret and confidential the Confidential Information that it may acquire, or has acquired, from Reka-Farm during the Term of this Agreement (Reka-Farm Confidential