definiens: means any and all information not generally known to the public, whet her or not patentable or susceptible to any other f orm of legal protection, that is identified or designated by UNI VERSITY as being confidential or which, in light of the circumstances under which it was disclosed, whether oral or written, is reasonably apparent to LICENSE E to be considered confidential or proprietary by UNIVERSIT Y, including but not limited to invention disclosur es, non - public patent prosecution information, including bu t not limited to concepts, designs, processes, spec ifications, schematics, equipment, processing, techniques, tech nical information, drawings, diagrams, software ( in cluding source code ), hardware, control systems, research, test results, manuals, trade secrets, commercializa tion studies, market studies, business plans received by LICENSEE from UNIVERSITY except to the extent LICENSEE can prove by written documentation that such informatio n : ( a)was in the public domain at the time of disclosu re ; ( b)later became part of the public domain through n o act or omission or breach of this AGREEMENT by LICENSEE, its employees, agents, successors or assi gns ; ( c)was lawfully disclosed to LICENSEE by a third pa rty having the right to make such disclosure ; or ( d)was already known by LICENSEE at the time of dis closure ; or 23 Portions of the exhibit, indicated by the xxxx were omitted and have been filed separately wi th the Securities and Exchange Commission pursuant to the Registrant ’s application requesting confidential treatment pursuant to Rule 24b-2 under the Securiti es Exchange Act of 1934, as amended