ARTICLE 3 Confidentiality
3.1 Neither Party may, without the other Party's consent, copy or disclose or cause to be copied or disclosed any Confidential Information of the other Party. Each Party may only make use of Confidential Information of the other Party to the extent necessary to enable the party to perform its obligations or exercise its rights under this MOU.
3.2 For the purposes of this Article, Confidential Information does not include any Information which the receiving Party can establish:
(i) was in the public domain when it was disclosed to the receiving Party;
(ii) becomes, after being disclosed to the receiving party, part of the public domain, except through disclosure contrary to this MOU;
(iii) was already in the receiving Party's possession when it was disclosed to the receiving Party and was not otherwise acquired from the other party directly or indirectly; or
(iv) was lawfully disclosed to the receiving Party by a third party having the unrestricted legal right to disclose that information without requiring the maintenance of confidentiality.