definiens: : shall mean the information, software, data aod biological materials consisting of or directly and solely relating to Database Information, and which are proprietary to [COMPANY] either at the time of disclosure to GHI and not already known to GHI ( with the right to use ) independent of the Database Informatio n, as can be demonstrated by tangible records of GHI existing prior to such time of disclosure, all to the extent and only to the extent that lncyte has the right to grant licenses, immunitie s or other rights to GHI thereuoder ; provided . however, that [COMPANY] Know - How shall exclude lncyte Patent Rights and all [COMPANY] Proprietary Programs ; and further provided that genomic DNA sequence informati on which is part of the public domain or was already known to GHI ( with the right to use ) does not render Database Information non - proprietary or non - confidential except to the extent that such genomic DNA sequence information has been specifica lly and materially established as exon region(s)](i ) via standard molecular biology laboratory techniques, or ( ii ) through the use of a suitable computer algorithm with subsequent confirmat ion through laborator y research, as can be demonstr81ed by GHI 's tangible records existing prior to the time of disclosure of Database Information