premise: No obligation of confidentiality applies to a Confidential Information that Recipient can show:  (i) is or becomes, publicly available without breach of this Agreement but only from such date as it becomes so available;  (ii) was rightfully in the possession of Recipient without obligation confidentiality prior to receipt thereof from Discloser  (iii) was rightfully disclosed to Recipient by a third party with obligation of confidentiality;  (iv) is independently developed Recipient without use of the Confidential Information; or  (v) disclosed by Recipient with Discloser's prior written consent. 4. Recipient may use the Confidential Information solely for evaluation purposes in connection with Recipient business discussions with Discloser.  If software is provided Recipient under this Agreement, Recipient agrees not to reverse compile or disassemble the software to discover the human perceivable portions of the code. 5. Ownership: All Confidential Information remains the property of Disclosure and/or its licensors. 6. Freedom of Use. Notwithstanding anything to the contrary, Recipient shall be free to use for any purposes the Residuals resulting from access to or work with Discloser's Confidential Information.  However, the foregoing does not give Recipient the right to disclose (except as set forth in Section 3) the financial, statistical, or personnel information or the business plans of Discloser, and the foregoing shall not be deemed to grant to either party a license under the other party's copyright or patents.  The term "Residuals" means information which may be retained in non-tangible form by person who have had access to the Confidential Information, including without limitation general ideas, concepts, know-how or techniques contained therein.  Neither party shall have any obligation to limit or restrict the assignment or reassignment of personnel. Except as otherwise provided in this Agreement, the parties acknowledge that the communications hereunder will not serve to impair the right of either party to independently develop, make, use, procure or market products or services now or in the future that may be similar to or competitive with those offered by Discloser, nor require Recipient to disclose any planning or other information to Discloser. 