STIPULATION AND [PROPOSED] ORDER OF DISMISSAL AS TO DEFENDANT AVG TECHNOLOGIES USA, IMC

CLAUDIA WILKEN, District Judge.

IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff Digital Reg of Texas, LLC, ("Plaintiff") and defendant AVG Technologies USA, Inc. ("Defendant"), pursuant to Fed. R. Civ. P. 41(a)(2) and subject to the approval of the Court, that Plaintiff's claims in this action be, and upon approval are, dismissed WITH PREJUDICE and Defendant's counterclaims in this action be, and upon approval are, dismissed WITHOUT PREJUDICE, subject to the terms of that certain agreement entitled "SETTLEMENT AND LICENSE AGREEMENT" dated March 20, 2013, with each party to bear its own cost, expenses, and attorney's fees.

[PROPOSED] ORDER OF DISMISSAL

CAME ON THIS DAY for consideration the Stipulation of dismissal with prejudice of all claims asserted by plaintiff Digital Reg of Texas, LLC, against defendant AVG Technologies USA, Inc., and dismissal without prejudice of all counterclaims asserted by defendant AVG Technologies USA, Inc. against plaintiff Digital Reg of Texas, LLC, in this case and the Court being of the opinion that said Stipulation should be ENTERED, it is hereby

ORDERED, ADJUDGED AND DECREED that all of plaintiff's claims asserted against defendant in this suit are hereby dismissed with prejudice and all of defendant's counterclaims asserted in this suit are hereby dismissed without prejudice, subject to the terms of an agreement entitled "SETTLEMENT AND LICENSE AGREEMENT" and dated March 20, 2013.

It is further ORDERED that all attorneys' fees and costs are to be borne by the party that incurred them.