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U.S. Department of Justice Seal
U.S. DEPARTMENT OF JUSTICE

Antitrust Division

   Bicentenial Building
600 E Street, NW
Washington, DC 20530

March 28, 2003





Via Fax (425/936-7329) & U.S. Mail

David Heiner, Esquire (LCA)
Microsoft Corporation
One Microsoft Way
Redmond, Washington 98052-6399
Stamp: Received Mar 31 2003 Microsoft Litigation

    Re: U.S. v. Microsoft: Confidentialitv Provisions Agreement

Dear Dave:

It is my understanding, and by this countersigned letter you confirm, that Microsoft hereby waives the confidentiality protections under the Final Judgments entered on November 1, 2002 and November 12, 2002 in United States v. Microsoft, Case No. 98-1232, and in New York v. Microsoft, Case No. 98-1233, any applicable confidentiality provisions in the Antitrust Civil Process Act, 15 U.S.C. §§ 1311 et seq. or in any Relevant State Statutes,1 and any other applicable confidentiality provisions to the extent necessary to allow the Antitrust Division of the United States Department of Justice and the Attorneys General of the States of New York, Ohio, Kentucky, Illinois, Louisiana, Maryland, North Carolina, Wisconsin, Michigan, California, Connecticut, Iowa, Kansas, Florida, Minnesota, Utah, and the District of Columbia (the "States") to share between them documents, information, and analyses (collectively, "information") relating to Microsoft's compliance with the Final Judgments. Microsoft agrees to this limited confidentiality waiver on the condition that the U.S. Department of Justice shall first have obtained from any State receiving such information an agreement to treat the information as if it were obtained directly from Microsoft pursuant to the Final Judgment. In addition, Microsoft's agreement is made on the condition that any of the States or the U.S. Department of Justice receiving information shared pursuant to this confidentiality waiver shall be entitled to use such information only to the extent that such State or the U.S. Department of Justice would be entitled to use the information if that information had been obtained directly from Microsoft pursuant to the Final Judgments. This letter does not constitute a waiver by Microsoft of its rights with respect to the protection against direct or indirect disclosure of information to any third party other than the States. Please evidence your agreement to the foregoing by signing a copy of this letter and returning it to me. Thank you for your cooperation.

Sincerely,

Signature of Patty Brink
Patty Brink
Attorney

So agreed



Signature of David Heiner
David Heiner
                                Hand-written date of 3/31/03

cc: Jay Himes
Howard Wettan
Chris Meyers
Rick Rule
James Rhilinger
Steve Holley
Stamp: Received Apr 04 2003 Microsoft Litigation

[D]


    1The term "Relevant State Statutes" means each and every statute set forth in the schedule attached to this letter, and all rules or regulations promulgated under any such statute relating to the confidentiality of documents or information, in whatever form.


Relevant State Statutes

Cal. Gov't Code §§ 6250 et seq. (California Public Records Act), and § 11180; Cal. Bus. &
   Prof. Code §§ 16700 et seq.;

Conn. Gen. Stat. §§ l-200 et seq., §§ 35-24 et seq., and § 35-42;

D.C. Code Ann. §§ 2-531 et seq. (Freedom of Information), §§ 28-4501 et seq., and § 28-4505;

Fla. Stat. §§ 501.2065 and 542.28;

5 Ill. Comp. Stat. 140; 740 Ill. Comp. Stat. 10/l et seq.;

Iowa Code §§ 553.1 et seq., and §553.9;

Kan. Stat. Ann. §§ 45-215 et seq., and §§ 50-623 et seq.;

Ky. Rev. Stat. Ann. § 61.878(1)(c), §§ 367.170 et seq., and § 367.240;

La. Rev. Stat. Ann. §§ 51:122 et seq., and § 51:143;

Md. Code Ann., Com. Law §§ 1l-201 et seq., § 1l-205, and § 1l-208; Md. State Gov't
   Code Ann.§§ l0-611 et seq.;

Mich. Comp. Laws §§ 445.771 et seq., and § 445.776;

Minn. Stat. §§ 8.31, 13.03, 13.37, 13.39, 13.393 and 13.65, and §§ 325D.49 et seq.;

N.Y. Gen. Bus. Law §§ 340 et seq.; N.Y. Pub Officers L. §§ 84-87;

N.C. Gen. Stat. §§ 75-l et seq., and § 132-1.2;

Ohio Rev. Code Ann. §§ 149 et seq., §§ 1331.01 et seq., and § 1331.16;

Utah Code Ann. §§ 76-10-911 et seq., § 76-10-916, and § 76-10-917;

Wis. Stat. §§ 19.35, 19.36, 19.39, §§ 133.01 et seq., and § 165.065.


  New York State Seal

STATE OF NEW YORK
OFFICE OF THE ATTORNEY GENERAL

Stamp: Received Apr 02 2003 Microsoft Litigation
ELIOT SPITZER

Attorney General

120 BROADWAY
Suite 260
NEW YORK, NEW YORK 10271
JAY L. HIMES

CHIEF, ANTITRUST BUREAU
Tel: 212-416-8282
Fax: 2124166015
EMail: Jay.Himes@oag.state.ny.us

April 1,2003

Via Fax (425/936-7329) & Overnight Mail

David Heiner, Esquire (LCA)
Microsoft Corporation
One Microsoft Way
Redmond, Washington 98052-6399

New York v. Microsoft: Confidentiality Provisions Agreement

Dear Dave:

It is my understanding, and by this countersigned letter you confirm, that Microsoft hereby waives the confidentiality protections under each and all of the Final Judgments-entered in United States v. Microsof, Case No. 98-1232, on November 12, 2002, and in New York v. Microsft Corp., Case No. 98-1233, on November 1 and November 12, 2002 - any applicable confidentialty provisions in the Antitrust Civil Process Act, 15 U.S.C. §§ 1311 et seq., or in any Relevant State Statutes,1 and any other applicable confidentiality provisions to the extent necessary to allow each and all of the Attorneys General of the States of New York, Ohio, Kentucky, Illinois, Louisiana, Maryland, North Carolina, Wisconsin, Michigan, California, Connecticut, Iowa, Kansas, Florida, Minnesota, Utah, and the District of Columbia (the "States") to share between them, as well as with the Antitrust Division of the United States Department of Justice, documents, information, and analyses (collectively, "information") relating to Microsoft's compliance with the Final Judgments. Microsoft agrees to this limited confidentiality waiver on the condition that the signatory State shall first have obtained from the U.S. Department of Justice or any State receiving such information an agreement to treat the information as if it were obtained directly from Microsoft pursuant to the Final Judgments. In addition, Microsoft's agreement is made on the condition that any of the States or the U.S. Department of Justice receiving information shared pursuant to this confidentiality waiver shall be entitled to use such information only to the extent that such State or the U.S. Department of Justice would be entitled to use the information if that information had been obtained directly from Microsoft pursuant to the Final Judgments. This letter does not constitute a waiver by Microsoft of its rights with respect to the protection against direct or indirect disclosure of information to any third party other than the U.S. Department of Justice. Please evidence your agreement to the foregoing bysigning a copy of this letter and returning it to me.

Thank you for your cooperation.

Sincerely,





Signature of Jay L. Himes
Jay L. Himes
On behalf of the Signatory States





So agreed



Signature of David Heiner
David Heiner
                                Hand-written date of 4/2/03

cc: Chris Meyers
Rick Rule
James Rhilinger
Steve Holley
Renata Hesse
Patricia Brink
Paula Blizzard
Kathleen Foote


    1The term "Relevant State Statutes" means each and every statute set forth in the schedule attached to this letter, and all rules or regulations promulgated under any such statute relating to the confidentiality of documents or information, in whatever form.


Relevant State Statutes

Cal. Gov't Code §§ 6250 et seq. (California Public Records Act), and § 11180; Cal. Bus. &
   Prof. Code §§ 16700 et seq.;

Conn. Gen. Stat. §§ l-200 et seq., §§ 35-24 et seq., and § 35-42;

D.C. Code Ann. §§ 2-531 et seq. (Freedom of Information), §§ 28-4501 et seq., and § 28-4505;

Fla. Stat. §§ 501.2065 and 542.28;

5 Ill. Comp. Stat. 140; 740 Ill. Comp. Stat. 10/l et seq.;

Iowa Code §§ 553.1 et seq., and §553.9;

Kan. Stat. Ann. §§ 45-215 et seq., and §§ 50-623 et seq.;

Ky. Rev. Stat. Ann. § 61.878(1)(c), §§ 367.170 et seq., and § 367.240;

La. Rev. Stat. Ann. §§ 51:122 et seq., and § 51:143;

Md. Code Ann., Com. Law §§ 1l-201 et seq., § 1l-205, and § 1l-208; Md. State Gov't
   Code Ann.§§ l0-611 et seq.;

Mich. Comp. Laws §§ 445.771 et seq., and § 445.776;

Minn. Stat. §§ 8.31, 13.03, 13.37, 13.39, 13.393 and 13.65, and §§ 325D.49 et seq.;

N.Y. Gen. Bus. Law §§ 340 et seq.; N.Y. Pub Officers L. §§ 84-87;

N.C. Gen. Stat. §§ 75-l et seq., and § 132-1.2;

Ohio Rev. Code Ann. §§ 149 et seq., §§ 1331.01 et seq., and § 1331.16;

Utah Code Ann. §§ 76-10-911 et seq., § 76-10-916, and § 76-10-917;

Wis. Stat. §§ 19.35, 19.36, 19.39, §§ 133.01 et seq., and § 165.065.