premise: 4. The above restrictions on the use or disclosure of the Confidential Information shall not apply to any Confidential Information that:  (a) is independently developed by Receiving Party without reference to the Confidential Information, or is lawfully received free of restriction from a third party having the right to furnish such Confidential Information;  (b) has become generally available to the public without breach of this Agreement by Receiving Party;  (c) at the time of disclosure to Receiving Party was known to such party free of restriction; or  (d) Disclosing Party agrees in writing is free of such restrictions. 5. Neither party is required to disclose any particular information to the other and any disclosure is entirely voluntary and is not intended to be construed as:  (a) granting rights by license or otherwise under any trademark, patent, copyright or other intellectual property right;  (b) creating a commitment as to any product, including the development or functionality of any product;  (c) soliciting any business or incurring any obligation not specified herein; or  (d) prohibiting either party from associating themselves with competitors of the other party for purposes substantially similar to those involved herein. 6. Nothing in this Agreement shall prohibit or restrict either party’s right to develop, make, use, market, license or distribute products or services similar to or competitive with those of the other party disclosed in the Confidential Information as long as it shall not thereby breach this Agreement.  Each party acknowledges that the other may already possess or have developed products or services similar to or competitive with those of the other party disclosed in the Confidential Information.  Further, either party shall be free to use for any purpose the residuals (defined below) resulting from access to or work with Confidential Information disclosed hereunder.  The term “residuals” means information in non-tangible form which may be retained in the unaided memory by persons who have had access to the Confidential Information so long as such persons have not studied the information for the purpose of replicating the same from memory. 