“Confidential Information” means all information relating, directly or indirectly, to Denove or its

business, including, without limitation, information related to Denove’s products, product

candidates, markets, condition (financial or other), operations, assets, liabilities, results of
operations, cash flows or prospects of Denove (whether prepared by Denove, its advisors or
otherwise), which is expressly marked to indicate that such material is “confidential” and
delivered, disclosed or furnished by or on behalf of Denove to you, before, on or after the date
hereof, or which you otherwise learn or obtain, through observation or through analysis of such
information.

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Limitation on use of Confidential Information. You recognize and acknowledge the competitive
value and confidential nature of the Confidential Information provided by Denove, and you
hereby agree that you shall use the Confidential Information solely for the purpose of evaluating
a Possible Transaction and for no other purpose, that the Confidential Information will not be
used in any way detrimental to Denove, that the Confidential Information will be kept
confidential and that you and your representatives will not disclose any of the Confidential
Information in any manner whatsoever; provided, however, that you may disclose Confidential
Information (i) to which the Company gives its prior written consent, (ii) as required by law, and
(iii) to your representatives who (a) need to know such information for the purpose of evaluating
a Possible Transaction, (b) are provided with a copymade aware of the general terms of this
agreement and (c) agree to be bound by the terms hereof. You shall maintain a list of those
representatives to whom Confidential Information has been disclosed (which list shall be
presented to Denove upon request).

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Return or Destruction of Confidential Information. In the event that you decide not to
proceed with a Possible Transaction, you will promptly inform Denove of that decision. In
that case, or at any time uponUpon the request of Denove in its sole discretion, you will
promptly (a) deliver, at your expense, to Denove or destroy, at your option, all Confidential
Information that was furnished to you by or on behalf of Denove (and any copies thereof);
provided, however, you may retain (a) one copy of the Confidential Information to the extent
required to comply with applicable law. Notwithstanding the return or destruction of the,
and (ii) Confidential Information, you and your Representatives shall continue to be bound
by your obligations of confidentiality and other obligations and agreements hereunder
subject to automatic archiving and back-up procedures.

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Acknowledgment. Denove hereby acknowledges that you and your affiliates may now or
in the future evaluate, invest in or do business with competitors or potential competitors of
Denove and that neither the execution of this agreement nor receipt of the Confidential
Information restricts or precludes any such activities in any way.