definiens: shall mean information relating to the Inventions and disclosed byUNIVERSITY to LICENSEE during the term of this Agreement, which if disclosed in writing shall be marked, or if first disclosed otherwise, shall 25Eff . 4/18/12 OAL FINALwithin thirty ( 30 ) days of such disclosure be reduced to writing by UNIVERSITY and sent to LICENSEE:(b ) LICENSEE shall:(i ) use the Confidential Information for the sole purpose of performing under the terms of thisAgreement;(ii ) safeguard Confidential Information against disclosure to others with the same degree ofcare as it exercises with its own data of a similar nature;(iii ) not disclose Confidential Information to others ( except to its employees, agents orconsultants who are bound to LICENSEE by a like obligation of confidentiality ) without theexpress written permission of UNIVERSITY, except that LICENSEE shall not be prevented fromusing or disclosing any of the Confidential Information that : ( A)LICENSEE can demonstrate by written records was previously known to it ; ( B)is now, or becomes in the future, public knowledge other than through acts oromissions of LICENSEE ; ( C)is lawfully obtained by LICENSEE from sources independent of UNIVERSITY ; or ( D)is required to be disclosed by law or a court of competent jurisdiction ; and(c ) The secrecy obligations of LICENSEE with respect to Confidential Information shall continue for aperiod ending five ( 5 ) years from the termination date of this Agreement