STIPULATION AND [PROPOSED] PRELIMINARY INJUNCTION

SUSAN ILLSTON, District Judge.

STIPULATION

Given the Parties' desire to further investigate the facts and discuss settlement, and without any party stipulating to or admitting liability or any fact, Plaintiff ADOBE SYSTEMS INCORPORATED ("Plaintiff"), through its counsel of record, and Defendant eValueSoftware.com LLC ("Defendant" or "eValue"), through its counsel of record, hereby stipulate to entry of a Preliminary Injunction in the form and content set forth below.

1. PRELIMINARY INJUNCTION. eValue and any person or entity acting in concert with, or at its direction, including any and all officers, directors, agents, servants, employees, and any others over which it may exercise control, are hereby restrained and enjoined, from engaging in, directly or indirectly, or authorizing or assisting any third party to engage in, any of the following activities:

a. importing, exporting, marketing, selling, offering for sale, distributing or dealing in any product or service that uses, any of Plaintiff's Trademarks and Copyrights, including but not limited to ADOBE® ACROBAT® marks and works. A list of Plaintiff's purported registered trademarks is attached and incorporated by reference herein as Exhibit "A" (collectively referred to as "Plaintiff's Trademarks"). A list of Plaintiff's purported registered copyrights is attached and incorporated herein as Exhibit "B" (collectively referred to as "Plaintiff's Copyrights");

b. importing, exporting, downloading, uploading, marketing, selling, offering for sale, distributing or dealing in any activation codes, keys, or serial numbers relating to any of Plaintiff's purported Trademarks and Copyrights, including but not limited to ADOBE® ACROBAT® marks and works;

c. importing, exporting, marketing, selling, offering for sale, distributing or dealing in any product or service that uses, or otherwise making any use of, any of Original Equipment Manufacturer ("OEM"), educational, government, or Adobe Employee Software Purchasing Program software, activation keys, code, or serial numbers relating to Plaintiff's Trademarks and Copyrights, including but not limited to ADOBE® ACROBAT® marks and works; and

d. using any Internet domain name that includes any of Plaintiff's Trademarks and Copyrights, including the ADOBE® ACROBAT® marks and works.

2. If Plaintiff believes Defendant has acted in a manner contrary to the terms of this Preliminary Injunction, Plaintiff shall first provide Defendant with notice of such belief. Said notice shall include specific details so that Defendant can cure the alleged conduct in the event the alleged conduct is a breach of this Preliminary Injunction. In addition, said notice shall be provided to Defendant through its counsel and sent by email and overnight delivery. In the event that the alleged conduct is a breach of this Preliminary Injunction, Defendant shall have ten (10) non-holiday weekdays from its counsel's receipt of the overnight delivery of Plaintiff's notice to cure the alleged conduct. If the alleged conduct has not been corrected within the cure period, Plaintiff may seek relief through the Court in addition to seeking remedies and damages under any other rights Plaintiff may have, which the Parties acknowledge are fully reserved. Notwithstanding the foregoing, Plaintiff's obligation to first provide Defendant with notice and an opportunity to cure shall only apply to the first three breaches of this Preliminary Injunction. As such, after three notices to Defendant regarding actual breaches of this Preliminary Injunction, Plaintiff may seek immediate relief without any further notice to Defendant, including seeking ex parte relief.

3. Plaintiff shall not be required to post a bond relating to the entry of this Stipulated Preliminary Injunction.

4. This Preliminary Injunction shall be for a period of 120 days from the date of the Court's entry of the Order. The parties shall endeavor to reach a settlement and full release of all claims during this interim period.

5. This Preliminary Injunction shall be deemed to have been served upon Defendant at the time of its execution and entry by the Court.

IT IS SO ORDERED, and DECREED.