definiens: shall mean inform ation relating to the Invention and disclosed by UNIVERSITY to LICENSEE during the term of this Agre ement, which if disclosed in writing shall be marked, or if first disclos ed otherwise, shall within thirty ( 30 ) days of such discl osure be reduced to writing by UNIVERSITY and sent to LICENSEE : ( a ) LICENSEE shall : ( 1 ) use the Confidential Information for the sol e purpose of performing under the terms of this Agreement ; ( 2 ) safeguard Confidential Information against di sclosure to others with the same degree of care as it exercises with its own data of a simi lar nature ; ( 3 ) not disclose Confidential Information to oth ers ( except to its employees, agents or consultants who are bound to LICENSEE by a like obl igation of confidentiality ) without the express written permission of UNIVERSIT Y, except that LICENSEE shall not be prevented from using or disclosing any of the Confidential Information that : ( i ) LICENSEE can demonstrate by written records was previously kno wn to it ; ( ii ) is now, or becomes in the future, public kn owledge other than through acts or omissions of LICENSEE ; or ( iii ) is lawfully obtained by LICENSEE from sourc es independent of UNIVERSITY ; and ( c ) The secrecy obligations of LICENSEE with res pect to Confidential Information shall continue for a period ending five ( 5 ) years from the termina tion date of this Agreement