definiens: shall mean information relating to the Invention and disclosed by UNIVERSITY to LICENSEE during the term of this Agreement, which if disclosed in writing shall be marked, or if first disclosed otherwise, shall within thirty ( 30 ) days of such disclosure be reduced to writing by UNIVERSITY and sent to LICENSEE : ( b ) Licensee shall : ( 1 ) use the Confidential Information for the sole purpose of performing under the terms of this Agreement ; ( 2 ) safeguard Confidential Information against disclosure to others with the same degree of care as it exercises with its own data of a similar nat ure ; ( 3 ) not disclose Confidential Information to others ( except to its employees, agents or consultants who are bound to LICENSEE by a like obligation of confidentiality ) without the express written permission of 26 UNIVERSITY, 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 known to it ; ( ii ) is now, or becomes in the future, public knowledge other than through acts or omissions of LICENSEE ; or ( iii ) is lawfully obtained by LICENSEE from sources independent of UNIVERSITY