definiens: shall mean information relating to the Invention or activities hereunder disclosed by one party to the other during the term of this Agreement, which if d isclosed in writing shall be marked ( b ) The Receiving p arty of any such Confidential Information shall : ( 1 ) use ’ the Confid ential Information for the sole purpose of performi ng under the terms of this Agreement ; ( 2 ) safeguard Confi dential Information against disclosure to others wi th the same degree of care as it exercises with its ow n data of a similar nature ; 12 ( 3 ) not disclose Co nfidential Information to others ( except to its employees, agents or consultants who are bound to i t by a like obligation of confidentiality ) without the express written permission of the Disclosing party,, excep t that the Receiving party shall not be prevented f rom using or disclosing any of the Confidential Information that : ( i ) it can demo nstrate by written records was previously known to it ; ( ii ) is now, or be comes in the future, public knowledge other than through acts or omissions of it ; or ( iii ) is lawfully obt ained by it from sources independent of