Except as otherwise agreed under this Licence, the Licensee shall hold in confidence and not disclose, nor use for any purpose other than performance of its obligations under this Licence, any confidential and proprietary information it receives from the Licensor, including, but not limited to, information related to the Software. The foregoing obligations shall not apply to the extent that such information is already held subject to no restriction on disclosure or use by or is independently developed (without use of or reference to Licensor’s confidential information) by the Licensee, provided the information has been disclosed by the Licensor in published materials generally known to the public, or rightfully obtained from any third party that is under no obligation of confidentiality with respect to such information.