(b) The receiving party's obligations under this Agreement with respect to
particular information do not apply to the extent that: (i) the disclosing party authorizes
the receiving party in writing to disclose such information; (ii) the receiving party knows
such information at the time of disclosure by the disclosing party, free of any obligation
to keep it confidential, as evidenced by written records; (iii) such information is or
becomes generally known in the relevant industry without fault of the receiving party;
(iv) the receiving party independently develops such information without access to or use
of the Confidential Information, as evidenced by written records; or (v) the receiving
party rightfully obtains such information from a third party who has the right to disclose
it without violation of any confidentiality obligations. However, even if certain
information is already known, the disclosing party's use of it (including the fact of the
disclosing party's use and the manner and results of use) may not be and thus would be
considered to be Confidential Information. Confidential Information disclosed hereunder
shall not be deemed to be within the foregoing exceptions merely because such
Confidential Information is embraced by more general knowledge in the public domain
or in the receiving party’s possession. In addition, no combination of features shall be
deemed to be within the foregoing exceptions merely because individual features are in
the public domain or in the receiving party's possession, unless the combination itself and
its principle of operations are in the public domain or in the receiving party's possession.