STIPULATION OF DISMISSAL WITH PREJUDICE

EDWARD M. CHEN, District Judge.

Pursuant to Fed.R.Civ.P. 41(a)(2), Plaintiff Symantec Corporation ("Symantec") hereby dismisses its complaint and all causes of action as against Defendant Acronis, Inc, Acronis International GmbH, and OOO Acronis ("Acronis"), with prejudice subject to the following conditions:

Acronis shall comply with the terms of the confidential Settlement Agreement dated March 27, 2014.

Acronis hereby dismisses its counter-claims and all causes of action as against Symantec with prejudice, subject to the following conditions:

Symantec shall comply with the terms of the confidential Settlement Agreement dated March 27, 2014.

This Court shall retain jurisdiction over the confidential Settlement Agreement for the purposes of enforcing the terms of the confidential Settlement Agreement including entering the Consent Judgment (as set forth in Section 4.2 of the confidential Settlement Agreement and attached as Exhibit A to this stipulation) should Acronis breach the confidential Settlement Agreement by not making the agreed upon payments to Symantec as set forth in Section 4.1 and 4.2 of the confidential Settlement Agreement.

The parties shall bear their own costs and attorneys' fees.

[PROPOSED] ORDER REGARDING STIPULATION OF DISMISSAL WITH PREJUDICE

Before this Court is the Stipulation regarding dismissal of Symantec Corporation ("Symantec")'s complaint and Acronis, Inc, Acronis International GmbH, and Acronis International GmbH ("Acronis")'s counterclaims with prejudice. After having considered the same, the Court is of the opinion that such relief be GRANTED.

IT IS THEREFORE ORDERED THAT:

1. This Court shall retain jurisdiction over the confidential Settlement Agreement for the purposes of enforcing the terms of the Settlement Agreement including entering the Consent Judgment (as set forth in Section 4.2 of the confidential Settlement Agreement and attached as Exhibit A to this Order) should Acronis breach the confidential Settlement Agreement by not making the agreed upon payments to Symantec as set forth in Section 4.1 and 4.2 of the confidential Settlement Agreement.

2. Within five days after the Court receives notification from Symantec that Acronis has breached the confidential Settlement Agreement by not making the agreed upon payments to Symantec as set forth in Sections 4.1 and 4.2 of the Agreement, this Court shall enter the Consent Judgment regarding that breach which is attached as Exhibit A.

3. Subject to these conditions, all claims by Symantec Corporation ("Symantec") against Acronis in the patent-infringement litigation of the above captioned case are dismissed WITH PREJUDICE and all claims by Acronis against Symantec are dismissed WITH PREJUDICE.

4. Acronis and Symantec will each bear its own costs, expenses and legal fees.

IT IS SO ORDERED.

EXHIBIT A-1 [Redacted Version]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

The Parties (Symantec Corporation ("Symantec") and Acronis, Inc., Acronis International GmbH, and OOO Acronis (collectively, "Acronis")), by and through their respective counsel, agree to the entry of this Stipulated Final Judgment and Consent Order ("Consent Judgment").

This Court has jurisdiction to enter this Consent Judgment because it expressly retained jurisdiction over the Parties March 27, 2014 confidential Settlement Agreement ("Settlement Agreement") pursuant to this Court's March ___, 2014 order in the above captioned case.

Symantec and Acronis acknowledge that they have knowingly and voluntarily entered into this Consent Judgment and the Settlement Agreement after reviewing the same with their counsel or having had ample opportunity to consult with counsel. Symantec and Acronis understand the undertakings, obligations and terms of this Consent Judgment and the Settlement Agreement.

Acronis has agreed to the jurisdiction of this Court to enforce this Consent Judgment and to waive any right to appeal, seek judicial review, or to otherwise challenge or contest the validity of this Consent Judgment.

The Parties having requested the entry of this Consent Judgment, it is therefore ORDERED, ADJUDGED, and DECREED as follows:

15. This Court has subject matter jurisdiction over the action and personal jurisdiction over the parties, venue is proper in this district, and the Court has jurisdiction to enter a judgment pursuant to the terms of this Consent Judgment as final resolution of this action.

16. On March 27, 2014 Symantec and Acronis entered into a confidential Settlement Agreement ("Agreement") in settlement for three civil actions:

17. That Agreement required Acronis to make certain payments within a specified period of time. If Acronis did not satisfy its payment obligations, the parties agreed that this Consent Judgment would be entered.

18. On ______ Symantec notified Acronis of its failure to make a payment under Section ___.

19. Acronis did not cure the non-payment within 30 days of that notice which made all remaining payments immediately due and payable ("Accelerated Payment").

20. As of _____, Acronis has not made the Accelerated Payment under Section 4.2 of the Agreement.

21. Pursuant to Section 4.2 of the Agreement, the parties have stipulated to and jointly file this Consent Judgment.

22. Pursuant to Section 4.2 of the Agreement, Acronis has stipulated to damages of $[redacted] for Acronis's breach of the Agreement. Symantec is therefore AWARDED $[redacted].

23. Symantec is further AWARDED $[redacted] for attorneys' fees and costs which Acronis has agreed to pay to cover Symantec's fees and costs to enforce this Consent Judgment.

24. Symantec is further AWARDED interest on $[redacted] for any time period between the entry of this Consent Judgment and the date upon which Symantec receives payment from Acronis as ordered herein.

25. All relief not granted in this Consent Judgment is DENIED.

26. All pending motions not previously resolved are DENIED.

27. This Court will retain jurisdiction over the parties, as necessary, to enforce the terms of this Consent Judgment.

28. The parties hereby stipulate and agree, without further notice to any of them, to entry of this Consent Judgment, which shall constitute a final judgment against Acronis.

[PROPOSED] ORDER

IT IS SO ORDERED.