or may be in the future independently developed by the receiving party without any use of the Confidential Information of any other party, as demonstrated by files created at the time of such independent development; (v) became known to the receiving party, without restriction, from a source other than the disclosing party without breach of this Agreement by the receiving party and otherwise not in violation of the disclosing party's rights; (vi) has been disclosed to third parties by the disclosing party without restrictions similar to those contained in this Agreement; or (vii) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving party shall provide prompt written notice thereof to the disclosing party to enable the disclosing party to seek a protective order or otherwise prevent or restrict such disclosure. 12.4 Return of Confidential Information. Upon expiration or termination of this Agreement each party shall upon request promptly return all tangible Confidential Information received from the other party. 12.5 Survival of Confidentiality Obligations. This Article 12 will survive the termination of this Agreement, for any item of Confidential Information, for five (5) years after the disclosure of such Confidential Information to the receiving party under this Agreement. 13. CONFIDENTIALITY OF AGREEMENT. D2 and LICENSEE agree that the terms and conditions of this Agreement shall be treated as confidential and shall not be disclosed to any third party without the Software License D2 Technologies, Inc. and Maintenance Agreement August 4, 1997 CONFIDENTIAL 15 prior written consent of the other party. Notwithstanding the statements above in this Article 13, any party may disclose any of the terms and conditions of this Agreement; (i) as required by any court of other governmental body; (ii) as otherwise required by law (including