premise: 3. The protections and restrictions in this Agreement as to the use and disclosure of Proprietary Information shall not apply to any information which the Receiving Party can show by written and dated or datable material: (a) is, at the time of disclosure hereunder, already published or otherwise publicly available; or (b) is, after disclosure hereunder, published or becomes available to the public other than by breach of this Agreement; or (c) is rightfully in the Receiving Party's possession with rights to use and/or disclose, prior to receipt from the Disclosing Party; or (d) is rightfully disclosed to the Receiving Party by a third party with rights to use and/or disclose; or (e) is independently developed by or for the Receiving Party without reference or access to Proprietary Information disclosed hereunder; or