This excerpt taken from the ARNA 10-K filed Mar 2, 2005.
Confidential Information of the disclosing Party). Each Party may use such Confidential Information of the other Party only to the extent required to accomplish the purposes of this Agreement or exercise its rights under the licenses granted to it under this Agreement. Each Party will use at least the same standard of care as it uses to protect proprietary or confidential information of its own, but in no event less than reasonable care, to ensure that its and its Affiliates and sublicensees employees, agents, consultants and other representatives do not disclose or make any unauthorized use of the Confidential Information. Each Party will promptly notify the other upon discovery of any unauthorized use or disclosure of the Confidential Information. The Parties further acknowledge that each Party has disclosed to the other Party (or its Affiliates), prior to the Effective Date, certain confidential Information pursuant to non-disclosure and/or material transfer agreements entered into between the Parties (or a Partys Affiliates), that limit the disclosure and use of such Information by the receiving Party. The Parties hereby agree that any such confidential Information earlier disclosed by one Party to the other (or its Affiliates) under such earlier agreements will be deemed to be the Confidential Information of the disclosing Party and subject to all the terms of this Article 10, as well as the additional terms covering such Information (if any) under the earlier agreements.