definiens: shall mean any information relating to the Licensed Technology, the terms of this Agreement ( as from time to time amended ), Patents, copyrights, algorithms, andsoftware covered by this Agreement or information disclosed to Licensee in connection with performanceof this Agreement, provided that such information is marked or designated in writing as within thirty ( 30 ) days after an oral disclosure to Licensee . All such information shall beConfidential Information, including information disclosed to Licensee prior to the date of this Agreement, unless such information ( i ) was already in Licensee ’s possession prior to the disclosure thereof by CASEas provided in this Section I5.1 ; ( ii ) has been published or is published hereafter, unless such publicationis a breach of this Agreement ; ( iii ) is received by Licensee from a Third Party not under an obligation ofconfidentiality with respect thereto ; ( iv ) is independently developed by Licensee ; ( v ) is approved fordisclosure in writing by CASE or ( v ) is required to be disclosed by law, provided however, in the case ofdisclosure pursuant to legal process, reasonable notice of the impending disclosure is provided to thedisclosing party . In the event that such information shall be established to have been known to Licenseeprior to the disclosure thereof by CASE by reference to any publication thereof by Licensee or byreference to any internal writing or other business record maintained by Licensee in the ordinary courseof business, such information shall not be deemed to be Confidential Information for purposes of thisAgreement following notification to CASE of such fact