premise: All the Confidential Evaluation Material will be and remains the property of the Company. (7) The following information provided by the Company shall not be deemed Confidential Evaluation Material:  (A) any information that is or becomes generally available to the public other than as a result of an improper disclosure by you or your representatives;  (B) any information which becomes legally available to you from a source other than the Company that is not, to your knowledge after reasonable inquiry, bound by a confidentiality obligation to the Company;  (C) any information that is already in your possession as of the date hereof or  (D) any information that is independently developed by you without use of or reference to the Confidential Evaluation Material. (8) Neither this letter agreement nor any action taken in connection with this letter agreement will give rise to any obligation on the part of either you or the Company  (a) to engage in any discussions or negotiations with the other party or with any of the other party’s representatives, or  (b) to pursue or enter into any transaction of any nature with the other party.  The parties acknowledge and agree that neither shall have any legally binding commitment for a transaction unless set forth in a separate written agreement that is executed and delivered by both of them. (9) Nothing contained in this letter agreement nor the conveying of Confidential Evaluation Material hereunder shall be construed as granting or conferring any rights by license or otherwise in any trademark, patent, copyright, trade secret, technological information or other information, or other intellectual property.