definiens: shall mean information, including Technology, relating to the Invention and disclosed by UNIVERSITY to LICENSEE during the term of thisAgreement, which if disclosed in writing shall be marked, or if first disclosedotherwise, shall within thirty ( 30 ) days of such disclosure be reduced to writing by UNIVERSITYand sent to LICENSEE:(b)LICENSEE shall:(i)use the Confidential Information for the sole purpose ofperforming under the terms of this Agreement;(ii)safeguard Confidential Information against disclosure to otherswith the same degree of care as it exercises with its own data of a similar nature;(iii)not disclose Confidential Information to others ( except to itsemployees, agents or consultants or Sublicensees who are bound to LICENSEE by a likeobligation of confidentiality ) without the express written permission of UNIVERSITY, except thatLICENSEE shall not be prevented from using or disclosing any of the Confidential Informationthat:(A)LICENSEE can demonstrate by written records waspreviously known to it;(B)is now, or becomes in the future, public knowledge otherthan through acts or omissions of LICENSEE;(C)is lawfully obtained by LICENSEE from sourcesindependent of UNIVERSITY ; or(D)is required to be disclosed by law or a court of competentjurisdiction ; and-21-(c)The secrecy obligations of LICENSEE with respect to ConfidentialInformation shall continue for a period ending five ( 5 ) years from the termination date of thisAgreement