The document, diskette or e-mail) is strikingly determined as “confidential” (or with another similar legend) or (b) be identified as confidential at the time of disclosure and confirmed in writing within thirty (30) days of publication, unless a reasonable person considers such information confidential because of its contents. Notwithstanding the foregoing, Zuora`s confidential information includes Zuora technology and any pricing conditions offered to customer as part of an order form, and confidential customer information includes customer data. Confidential information does not include any information (i) publicly available other than as a result of disclosure by the receiving Party, (ii) that a Party was available on a non-confidential basis prior to its disclosure by the other Party or in connection with that Party`s performance of its obligations under this Agreement, or (iii) a party, on a non-confidential basis, by an independent third party; is legally available. The receiving party will not use confidential information for purposes other than those incumbent upon it under this Agreement or, as the case may be, the Post-Trial Agreement, and will not disclose Confidential Information to third parties without the prior written consent of the disclosing party and a written agreement of the party that it will comply with the confidentiality obligations imposed on it. . . .