premise: 2. Unless otherwise expressly authorized by the disclosing party, the receiving party agrees to retain the “Confidential Information” in confidence for a period of three (3) years from the date of receipt of the “Confidential Information” or until such time as the information no longer qualifies as “Confidential Information” under Paragraph 3.  During this period the receiving party shall not disclose the received “Confidential Information” to any third party, and shall not use the received “Confidential Information” for any purpose other than the aforesaid purposes.  The receiving party further agrees to use the same degree of care, but no less than a reasonable degree of care, with any “Confidential Information” as it would with its own confidential information, and to limit dissemination of the “Confidential Information” to such of its employees who have a need to know of the “Confidential Information. ” 3. Notwithstanding any other provisions of this Agreement, each party acknowledges that “Confidential Information” shall not include any information which: (a) Is, or becomes, publicly known through no wrongful act on the receiving party’s part; or (b) Is, at the time of disclosure under this Agreement, already known to the receiving party without restriction on disclosure; or (c) Is, or becomes, rightfully possessed by the receiving party without any obligation restricting disclosure and without breach of this Agreement; or (d) Is independently developed by the receiving party without breach of this Agreement; or (e) Is furnished to a third party by the disclosing party without a similar restriction on the third party’s rights; or (f) Is required to be disclosed by law or applicable legal process; or (g) Is embodied and ascertainable upon inspection of commercially available products, including manuals and the like, rightfully sold to the public by either party; or (h) Is explicitly authorized for release by written authorization of the disclosing party. 4. Either party may terminate this agreement at any time by giving written notice to the other party.  Notwithstanding termination or expiration, all obligations of confidentially shall survive and continue to bind the receiving parties for the period set forth in Section 2.