premise: Confidential Information does not include information that  (1) is already in Recipient’s possession without obligation of confidence; or  (2) Recipient independently develops; or  (3) is or becomes publicly available without breach of the Agreement; or  (4) Recipient rightfully receives from a third party without obligation of confidence; or  (5) Discloser releases for disclosure by giving written consent; or  (6) is required to be disclosed by court or regulatory rule or order. 3. Permissible Use.  Recipient may use and disclose the Confidential Information among its internal information technology and management staff for its own internal business purposes.  Either party may also disclose on the TTP mailing list Confidential Information previously received on the TTP mailing list or during TTP meetings.  Micro Focus may post for use of the TTP program a list of the organizations and individuals that have signed a Micro Focus TTP Non-disclosure Agreement. 4. Obligation of Confidentiality.  For a period of 3 years from the date of disclosure, Recipient agrees to use the same care and discretion as it uses with its own confidential information to avoid, except as expressly permitted in this Agreement, disclosure or publication of Discloser’s Confidential Information.  At a minimum shall Recipient use reasonable care to protect Confidential Information. 5. Ownership.  All Confidential Information remains the property of the Discloser and/or its licensors. 6. Freedom of Use.  Recipient shall be free to use for any purposes Residuals resulting from access to or work with Discloser’s Confidential Information.  However, the foregoing does not give Recipient the right to disclose the financial, statistical, or personnel information or the business plans of Discloser, and shall not be deemed to grant to either party a license under the other party’s copyrights or patents.  The term "Residuals" means information which may be retained in non-tangible form by persons 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. 