definiens: shall mean information, including Technology, 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 purpo se of performing under the terms of this Agreement ; ( 2 ) safeguard Confidential Information against disclosu re to others with the same degree of care as it exercises with its own data of a similar nature ; ( 3 ) not disclose Confidential Information to others ( ex cept to its employees, agents or consultants who are bound to LICENSEE by a like obligation of c onfidentiality ) without the express written permission of UNIVERSITY, except that LICENSEE shal l not be prevented from using or disclosing any of the Confidential Information that : ( i ) LICENSEE can dem onstrate 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 indep endent of UNIVERSITY