definiens: shall mean any information relating to the Licensed Technology, the terms of this Agreement ( as from time to time amended ), Patents, patent applications, copyright applications, trade secrets, know - how and other information covered by this Agreement or information disclosed by LlCENSEE or CMU Confidential G210Ml00lll0914.11 Pa~~ t t ( th~ ) to CMU or LICENSEE ( the ) in thc matter sct forth hereinafter . All such information shall be Confidentiallnfonnation to the technology Jisclosed, including information disclosed to the Receiving Party prior to the dale orthis Agreement, unless such information ( I ) was already in the Receiving Party 's possession prior to the disclosure thereof by the Disclosing Party as provided in sub - Section 16.2 herein, ( 2 ) has been published or is published hereaft ~ r, unless such publication is a breach of this Agreement, ( 3 ) is received by the Receiving Party from a third party not Wlder an obligation of confidentiality with respect thereto, ( 4 ) is independently developed by the Receiving Party, or ( 5 ) is disclosed by LICENSEE to eMU as required by Section 2.6 herein