NOTICE OF SETTLEMENT OF CLASS ACTION

• What Is The Purpose Of This Notice? You are receiving this notice because your rights may be affected by the settlement of a class action lawsuit.
  

• What Is This Case About? This lawsuit against Symantec Corp. ("Symantec") alleges that Symantec, the company that sells Norton computer and Internet security products, has an unlawful policy of terminating subscription time of certain customers who purchased upgrades, without providing a credit or refund for unused subscription time, and that Symantec fails to disclose this policy. The lawsuit asserts that each class member purchased Norton computer security software which came with a subscription for regular “content updates” which keep the security software up to date. These updates are delivered by Symantec via online downloads through the LiveUpdate feature of the Norton software. As the subscription expiration date approaches, the Norton security software prompts the user to consider renewing his/her/its subscription for another term and also presents an opportunity to upgrade to a new product by making an online purchase. If the user then chooses to purchase an upgrade, the new subscription begins when the upgrade is installed, not when the existing subscription expires. Plaintiffs allege that the new subscription should begin when the existing subscription expires, and that Symantec unlawfully terminated subscription time without providing a credit or refund and without disclosing this policy.
  
  

  Symantec denies these allegations and asserts that, at all times, its actions and business practices have been lawful and appropriate. The Court has not ruled on the merits of the claims. This means that there has been no ruling as to who wins and who loses.

  To see a list of Norton security software at issue, click here.

  To see a copy of the Consolidated Second Amended Complaint, click here.

• Who Is Included In The Class Affected By This Settlement? The class of persons and entities affected by this settlement is the same as the class that was previously certified in this lawsuit. The Plaintiff Settlement Class is defined as follows: All persons and entities residing in the United States of America who, between December 5, 2001 and April 11, 2008, purchased online a Symantec Subscription Product with a Stock Keeping Unit that designates the product as an upgrade, the installation of which resulted in the uninstallation of another Symantec Subscription Product prior to the expiration of that product’s subscription. Symantec Subscription Product means any antivirus, Internet security, Internet safety and other software product sold by or on behalf of Symantec with a subscription for protection updates, content updates and/or other updates, including Norton AntiVirus, Norton Internet Security, Norton Personal Firewall, Norton SystemWorks, Norton Confidential and Norton 360. Excluded from the Plaintiff Settlement Class are all persons and entities who purchased upgrades through Symantec’s Online Store (as distinct from the Symantec online Renewal Center). Also excluded are defendant, its agents and affiliates, any government entities, and any persons and entities for whom Symantec added back the subscription time upon request. Also excluded are those individuals or entities who previously excluded themselves from the class when notice was previously sent after the class was certified by the Court on May 7, 2008.

• What Are The Terms Of The Settlement? The parties have agreed to settle this case. Because this is a class action, the settlement must be approved by the Court at the hearing described in Section 5 of this Notice.

  The following is a summary of the settlement. To view the complete Settlement Agreement, click here.

  (a) Monetary Benefit. To obtain the individual benefits of this settlement, you must mail a valid Claim Form to the Settlement Administrator. Symantec will provide Settlement Class Members who mail a valid Claim Form with one of the following, to be selected by the Settlement Class Member:
  
  (1) A $15.00 voucher redeemable for the online purchase of any Symantec products or services available at the Symantec Online Store. The voucher can be combined with other promotions, offers and discounts and is valid for one year from issuance. Only one voucher may be used per purchase, and any combination of offers in a transaction in which a voucher is used can not result in the payment of money to the customer; or
  
  (2) A cash payment of $2.50.
  
  Click here to go to the Claim Form; remember to make a selection between the two types of individual relief before submitting the Claim Form to the Settlement Administrator.
  
  (b) Non-Monetary Benefit. Symantec will include the following disclosure on the landing page at Symantec’s Renewal Center and on the FAQ page for subscriptions:
  
  

  Any subscriptions for upgrade products begin on the day of product installation. If you replace the Symantec subscription product that you currently have with an upgrade product, any unused subscription time on the replaced product will not be added to the upgrade subscription, when the new upgrade product subscription replaces your current product subscription.

  This disclosure will remain at these locations for as long as Symantec’s policy is that unexpired subscription time on a previously owned product is not automatically added to an upgrade subscription.
  
  (c) Incentive Awards. Symantec will not oppose the payment of an incentive award of up to $5,000.00 for each of the representative plaintiffs Bruce Heverly, Phil Margolis and Wendy Raditz.
  
  (d) Other Benefits. Symantec will pay all costs of providing notice to Settlement Class Members, all costs and expenses of the Settlement Administrator, and all other costs of Symantec’s implementation and compliance with the terms of the settlement.
  
  (e) Attorney’s Fees And Costs. Symantec agrees not to oppose an application by plaintiffs’ class counsel for attorney’s fees and reimbursement of costs and expenses in an amount not to exceed $2,275,000.00.
  
  (f) Release Of Symantec. Symantec will be released (i.e., discharged) from all claims of liability of any nature based on claims that were asserted or that could have been asserted in the lawsuit based upon the facts alleged in the lawsuit, as more specifically set forth in the Settlement Agreement.
  

• When And Where Is The Hearing To Determine Whether To Approve The Settlement?
  
  The Superior Court of California for the County of Santa Clara will hold a hearing to determine whether to approve this settlement (the "Fairness Hearing"). The hearing will be held on August 28, 2009, beginning at 9:00 a.m., in Department 17 at the Old Courthouse, 191 N. First Street, San Jose, CA 95113. The hearing may be adjourned or continued without further notice.
  

• What Are My Options? You have the right, but are not required, to appear at the Fairness Hearing and be heard on the question of whether this settlement should be approved. You may retain an attorney to represent you, at your own expense, if you so choose but you are not required to do so. If you do not retain a separate attorney, then your interests will be represented by plaintiffs’ class counsel at the Fairness Hearing.

  
  

  To receive the monetary benefits of the settlement, you must mail a properly completed Claim Form to the Settlement Administrator by September 9, 2009. Go to Section 7 of this Notice for more information on submitting a Claim Form. No further action is required on your part to participate in this settlement.

  
  

  If you do not wish to remain in the Plaintiff Settlement Class, you must exclude yourself by mailing an exclusion request by July 27, 2009 to the Settlement Administrator at: Heverly-Norton Settlement Administrator, c/o Rust Consulting, Inc., P.O. Box 1181, Minneapolis, MN 55440-1181. If you exclude yourself, you may pursue an individual claim, but you will not receive any of the benefits of the class settlement, and cannot object to the settlement.

  
  

  You have the right to object to the settlement and/or to request the opportunity to intervene in this lawsuit. To do so, your objection and/or request for intervention must be in writing and must be mailed to the Court at the following address: Clerk of the Court, Superior Court of the State of California, Santa Clara County, 191 N. First Street, San Jose, CA 95113, and mailed to counsel for the parties by July 27, 2009. Any objections to the settlement must state the name and address of the Settlement Class Member, must include a statement or documents sufficient to demonstrate membership in the Plaintiff Settlement Class, and must provide a detailed statement of each objection asserted, including the grounds for each objection and the reasons, if any, for requesting the opportunity to appear and be heard at the Fairness Hearing. Any request for intervention must be accompanied by all arguments and documents to support that request.

• How Do I Submit A Claim Form? Claim Forms must be in writing and mailed to the Settlement Administrator by September 9, 2009. The Claim Form must be mailed to the following address:
  
  Heverly-Norton Settlement Administrator
  c/o Rust Consulting, Inc.
  P.O. Box 1181
  Minneapolis, MN 55440-1181

  The Claim Form must be signed and dated, and you should check off which settlement benefit you decide to receive. If the Court approves the settlement, the individual benefits will not be issued until February 9, 2010 at the earliest, and perhaps later.

  Click here to go to/print the Claim Form.

  SUMMARY OF IMPORTANT DATES

  
  

  Deadline for mailing a Claim Form – September 9, 2009
  
  Fairness Hearing – August 28, 2009, at 9:00 a.m.
  
  Deadline for mailing a request to be excluded from the Plaintiff Settlement Class – July 27, 2009
  
  Deadline for mailing objections to the settlement and/or requests to intervene – July 27, 2009

• Who Are The Attorneys Representing The Parties? The attorneys representing the class are:

  
  

  GREEN & PAGANO LLP Michael Scott Green (Admitted Pro Hac Vice) 522 Route 18 North P.O. Box 428 East Brunswick, NJ 08816	KANTROWITZ GOLDHAMER & GRAIFMAN, P.C. Gary S. Graifman 747 Chestnut Ridge Road Chestnut Ridge, NY 10977
  CHAVEZ & GERTLER LLP Mark A. Chavez (Bar No. 90858) 42 Miller Avenue Mill Valley, CA 94941	SMOLOW & LANDIS Michael H. Landis (Admitted Pro Hac Vice) 204 Two Neshaminy Interplex Trevose, PA 19053
  KENDRICK & NUTLEY C. Benjamin Nutley (Bar No. 177431) 1055 E. Colorado Blvd., 5th Floor Pasadena, CA 91106

  The attorneys representing Symantec Corporation are:
  
  HOGAN & HARTSON LLP
  Robert B. Hawk (Bar No. 118054)
  525 University Avenue, 4th Floor
  Palo Alto, CA 94301