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 UNIVERSITY as being confidential or which, in li ght 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 : ( i ) was in the public domain at the time of disclosure ; ( ii ) later became part of the public domain through no act or omission or breach of this AGREEMENT by LICENSEE, its employees, agents, succe ssors or assigns ; ( iii ) was lawfully disclosed to LICENSEE by a third party having the right to make such disclosure ; or ( iv ) was already known by LICENSEE at the time of disclo sure ; or ( v ) was independently developed by LICENSEE without the aid, use or application of CONFIDENTIAL INFORMATION received from UNIVERSITY a nd such independent development can be properly demonstrated by LICENSE E