definiens: means any and all proprietary or confidential information of Licensee thatLicensee discloses to Harvard ’s Office of Technology Development ( ) under, or in connection with the subjectmatter of, this Agreement that is either marked as confidential or ( if disclosed orally ) is reduced to a written summarymarked as confidential and delivered to OTD within thirty ( 30 ) days after disclosure . Information shall not beconsidered confidential to the extent that Harvard can establish by competent proof that it:(a ) is publicly disclosed through no fault of Harvard, either before or after it becomes known to Harvard ; or(b ) was known to Harvard prior to the date of its receipt pursuant to this Agreement, which knowledge wasacquired independently and not from Licensee ( or Licensee ’s employees ) ; or(c ) is subsequently disclosed to Harvard in good faith by a third party who has a right to make suchdisclosure ; or(d ) has been published by a third party as a matter of right