STIPULATION AND [PROPOSED] ORDER REGARDING INJUNCTION AND DISMISSAL

NATHANAEL M. COUSINS, Magistrate Judge.

WHEREAS, on December 11, 2018, Plaintiff Oath Inc. ("Oath") filed a lawsuit against eYari Inc. ("eYari") and Prabhanjan K. Didwania (collectively, "Defendants") alleging violations of the CAN-SPAM Act, the Computer Fraud and Abuse Act, and California's Business and Professions Code;

WHEREAS, eYari denies any liability;

WHEREAS, eYari has represented that Prabhanjan K. Didwania has had no involvement with eYari for nearly four years; and

WHEREAS, the Parties have agreed to resolve this case through settlement, including the entry of a stipulated injunction;

NOW, THEREFORE, Oath and eYari stipulate and agree as follows:

STIPULATED INJUNCTION

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, pursuant to stipulation of the Parties, that:

1. eYari and all individuals acting on eYari's behalf who are described in Federal Rule of Civil Procedure 65(d)(2) (collectively, the "Prohibited Parties") are immediately and permanently enjoined and ordered as follows:

a. The Prohibited Parties are immediately and permanently prohibited from knowingly accessing or utilizing, whether directly or indirectly via a third party, intermediary, or proxy, the Yahoo Mail Application Programming Interface on the Yahoo Developer Network for any reason without Oath's express written permission;

b. The Prohibited Parties are immediately and permanently prohibited from knowingly accessing or utilizing, whether directly or indirectly via a third party, intermediary, or proxy, the Yahoo Developer Network for any reason without Oath's express written permission;

c. The Prohibited Parties are immediately and permanently prohibited from knowingly accessing or utilizing, whether directly or indirectly via a third party, intermediary, or proxy, Yahoo OAuth issued credentials on its web applications for any reason without Oath's express written permission;

d. The Prohibited Parties are immediately and permanently prohibited from knowingly sending commercial email messages1 to or through Yahoo or AOL email accounts, whether directly or indirectly via a third party, intermediary, or proxy, except that this prohibition shall not apply to transactional or relationship messages as defined by 15 U.S.C. § 7702(17)(A) that do not contain, or are not accompanied by, header information that is materially false or materially misleading;

e. The Prohibited Parties are immediately and permanently prohibited from downloading, harvesting, obtaining, or copying stored contacts of Yahoo or AOL users, whether directly or indirectly via a third party, intermediary, or proxy, without Oath's express written permission;

f. Within ten (10) days of the entry of this Order, the Prohibited Parties shall permanently delete and destroy any contact information they obtained from the stored contacts of any Yahoo accounts.

2. The Court will retain continuing jurisdiction to enforce the terms of this Stipulated Injunction and to address any other matters arising out of or regarding this Stipulated Injunction, including any allegations that the Parties have failed to comply with their obligations as set forth in this Stipulated Injunction.

3. This Stipulated Injunction shall inure to the benefit of, and be binding upon, each of Parties and their respective affiliates, predecessors, successors and assigns.

4. To the extent Oath believes in good faith that eYari has violated any provision herein, before Oath files any motion or any other action with the Court related to any such alleged violation, Oath shall provide eYari with written notice identifying its concern. eYari shall have fifteen (15) days to cure from the date of the meet and confer. The Parties shall then meet and confer in good faith to attempt to cure the alleged violation. If the Parties cannot reach agreement, Oath may seek to enforce the Court's injunction.

DISMISSAL

5. Oath's claims against Defendants are hereby dismissed with prejudice against all Defendants, except the Court shall retain jurisdiction to enforce this Stipulated Injunction and Dismissal. Each Party shall bear its own fees and costs.

IT IS SO STIPULATED.

IT IS SO ORDERED.

ATTORNEY ATTESTATION

I hereby attest, pursuant to Local Rule 5-1(i)(3), that I obtained the concurrence in the filing of this document from the signatories indicated by a "conformed" signature (/s/) within this e-filed document.