definiens: means any scientific, technical, trade or businessinformation relating to the subject matter of this Agreement designated as confidential or which otherwise shouldreasonably be construed under the circumstances as being confidential that is disclosed to [COMPANY] by or on behalf ofLicensee in writing, or in the case of a Title Transfer pursuant to Section 3.2 any scientific, technical, trade or businessinformation relating the [COMPANY] technology that was transferred, except to the extent such information : ( i ) was known toAriel or AU at the time it was disclosed, other than by previous disclosure by or on behalf of the Company as evidencedby [COMPANY] or AU written records at the time of disclosure ; ( ii ) is at the time of disclosure or later becomes publicly knownunder circumstances involving no breach of this Agreement ; ( iii ) is lawfully and in good faith made available to [COMPANY] orAU by a third party who is not subject to obligations of confidentiality to the Company with respect to such information;or ( iv ) is independently developed by [COMPANY] or AU without the use of or reference to the Company Confidential Information, as demonstrated by documentary evidence . In order to avoid doubt, [COMPANY] shall have the right to disclose CompanyConfidential Information to the extent required to enforce its rights herein