SECOND STIPULATION REGARDING TRIAL EXHIBITS

HAYWOOD S. GILLIAM, Jr., District Judge.

Pursuant to Local Rule 7-12, Plaintiff Phoenix Technologies Ltd. and Defendant VMware, Inc. (collectively, "the parties") by and through their respective counsel, stipulate to the following terms regarding exhibits at trial:

WHEREAS, the parties have met and conferred regarding the admission of certain additional trial exhibits from each party's exhibit list; and

WHEREAS, the parties have agreed to withdraw their objections to certain documents and agree that they should be admitted at trial;

NOW, THEREFORE, the parties hereby stipulate and agree that the trial exhibits listed in Exhibit A to this stipulation shall be deemed admitted into evidence and be part of the trial record in this action. The parties have attempted in good faith to include only those exhibits that they agreed to in the past few months of negotiations. If an exhibit was included in error, or if the parties inadvertently did not include an exhibit that they had agreed upon, the parties reserve their right to object to that exhibit being admitted and to seek relief from the Court to correct that error, or to request that an inadvertently omitted exhibit be added to the stipulation.

IT IS SO STIPULATED.

IT IS SO ORDERED except that the trial exhibits listed in Exhibit A to this stipulation shall be deemed admitted as presented during trial.

Exhibit A

Trial Exhibits numbered: