CANADIAN NVIDIA GPU SETTLEMENT APPROVAL & HOW TO GET PAID

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Abraham Stevens
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1 CANADIAN NVIDIA GPU SETTLEMENT APPROVAL & HOW TO GET PAID To all persons and entities resident in Canada who between November 2005 and February 2010 purchased certain laptop computers for use and not for resale made by Apple, Compaq,, HP, or Sony that contain a defective graphics card made by NVIDIA. READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS. YOU MAY NEED TO TAKE PROMPT ACTION YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT WHAT ARE YOUR OPTIONS? Get no compensation. Release your claim against DO NOTHING NVIDIA SUBMIT A CLAIM FORM To get compensation, you must submit a claim by February 25, A settlement has been reached and approved by the Court whereby NVIDIA has agreed to pay CAD $1,900, in exchange for a full release of claims against it in the class action (the Settlement Agreement ). Continue reading for how to claim your share of these funds. A. HOW TO GET PAID i. Who Can Claim? You will be eligible for compensation if you purchased one of the following Affected Computers : OEM Computer Purchase Date Ranges OEM Computer Apple MacBook Pro May September HP Pavilion (15-inch) dv60xx Apple MacBook Pro May 2007 September HP Pavilion (17-inch) dv61xx Compaq F500 October 2006-September 30, HP Pavilion dv62xx Precision August 2007 September 30, HP Pavilion M2300 dv63xx Precision March 2007 September 30, HP Pavilion M4300 dv64xx Precision December 2007 March 31, 2009 HP Pavilion M6300 dv90xx Precision M65 November 2005 January 31, HP Pavilion dv92xx Inspiron 1420 May 2007 September 30, HP Pavilion dv93xx Inspiron March 2006 February 28, 2010 HP Pavilion 9400/E1705 dv94xx Latitude D620 December 2005 November 30, HP Pavilion Tx 1xxx Purchase Date Ranges May 2006 November 30, May 2006 November 30, May 2006 November 30, May 2006 November 30, March 2007 May 31, 1 The deadline to submit a claim may be extended if it is deemed in the interest of class members by the Administrator and Class Counsel to make such an extension.

2 - 2 - OEM Computer Purchase Date Ranges OEM Computer Latitude D630 February 2007 September 30, HP Compaq v30xx Latitude D630c February 2007 September 30, HP Compaq v31xx Latitude D820 November 2005 March 31, HP Compaq v32xx Latitude D830 March 2007 September 30, HP Compaq v33xx Notebook 1310 Notebook 1400 Notebook 1510 Notebook 1700 Notebook 1710 December 2007 September 30, HP Compaq v34xx May 2007 September 30, HP Compaq v60xx December 2007 September 30, HP Compaq v61xx March September 30, HP Compaq v62xx January July 31, HP Compaq v63xx Purchase Date Ranges March 2006 October 31, March 2006 October 31, March 2006 October 31, March 2006 October 31, March 2006 October 31, May 2006 October 31, May 2006 October 31, May 2006 October 31, May 2006 October 31, XPS M1210 March 2006 November 30, HP Compaq May 2006 October 31, v64xx XPS M1330 March 2007 September 30, Sony VGN-AR1xx February 1, 2006 May 1, XPS M1530 September 2007 January 31, 2009 Sony VGN-AR2xx February 1, 2006 May 1, XPS M1710 March 2006 February 28, 2010 Sony VGN-AR3xx February 1, 2006 May 1, XPS M1730 November 2007 January 31, 2009 Sony VGN-FZ1xx May 1, 2007 January 1, 2009 HP Pavilion dv20xx March 2006 December 31, Sony VGN-FZ2xx May 1, 2007 January 1, 2009 HP Pavilion dv21xx March 2006 December 31, Sony VGN-FZ3xx May 1, 2007 January 1, 2009 HP Pavilion dv22xx March 2006 December 31, Sony VGN-FZ4xx May 1, 2007 January 1, 2009 HP Pavilion dv23xx March 2006 December 31, Sony VGC-LT1xx June 1, 2007 January HP Pavilion dv24xx March 2006 December 31, Sony VGC-LT2xx June 1, 2007 January 1, 2009 An Affected Computer is one that contains the defective NVIDIA chip and which suffered or exhibited one or more of the following Qualifying Symptoms : (a) distorted or scrambled video; (b) no video on the screen even when the computer is on; (c) random characters, lines or garbled images; (d) intermittent video issues; or (e) failure to detect wireless adaptor or wireless networks. The Qualifying Symptoms vary by computer manufacturer: Symptom Distorted or scrambled video on the computer screen No video on the computer screen even when the computer is on Random characters, lines or garbled images Class Computer s Covered by the Settlement Agreement All All, Hewlett-Packard, and Sony

3 - 3 - on the computer screen Intermittent video issues Failure to detect the wireless adaptor or Failure to detect the wireless network, Hewlett-Packard Hewlett-Packard systems only. Certain versions of the following HP models do not contain an NVIDIA MCP: dv2xxx dv6xxx dv9xxx If your system does not contain an NVIDIA MCP, you are not entitled to replacement or reimbursement for a wireless problem, and the administrator may deny your claim. ii. How Do I Make a Claim? You can download a Claim Form at or by contacting the Administrator at to receive one by fax or by regular mail. Follow the instructions in the Claim Form. In order to make a successful claim be sure to provide the following: - Proof that you bought one or more Affected Computers by identifying the brand and model (e.g. an invoice, a product registration document, a credit card receipt or similar documents) - Proof of the date of your purchase of an Affected Computer - A description of the Qualifying Symptoms you experienced (e.g. distorted, scrambled or no video capability) and when they were experienced - A brief explanation of whether you lost the use of your computer permanently as a result of the Qualifying symptoms or temporarily until there was a repair - Proof of any out of pocket expenses you paid for in connection with the Qualifying Symptoms you experienced with the Affected Computer (e.g. repair bills, external memory drives, cooling pads, computer rental, shipping costs) iii. How Much Might I Get? Cash payments will be made once satisfactory proof of purchase and a declaration respecting the experience of Qualifying Symptoms has been received by the Claims Administrator.

4 - 4 - Cash payments will also be made for total loss of use based on the age of the computer; temporary loss of use having regard to the nature and duration of the loss of use; and reimbursement for out-of-pocket expenses. The amount of compensation will be determined by the Claims Administrator who will apply a compensation grid and settlement administration guidelines (the Distribution Protocol ): Year from Date of Purchase that Total Loss of Use Occurred Percentage of Refund of Proved Purchase Price First Year 100% Second Year 75% Third Year 50% Fourth Year 25% Fifth Year 15% To view the Distribution Protocol, visit iv. When Do I Have to Submit my Claim? To receive compensation, you must mail or otherwise submit a completed Claim Form and any supporting documents to the Administrator no later than February 25, 2014 at the following address: NVIDIA Class Action Claims Administrator NPT RicePoint Class Action Services PO Box 3355 London, Ontario, N6A 4K3 Canada The deadline to submit a claim may be extended if it is deemed in the interest of class members by the Administrator and Class Counsel to make such an extension. v. Who Do I Contact if I Have Questions? For further information regarding the terms of the Settlement Agreement or questions about the case, contact Anita Thakkar at ext For further information regarding the Distribution Protocol, filing a claim, or to obtain a Claim Form, visit the Administrator s website: or contact the Administrator by calling B. SETTLEMENT APPROVAL AND CLASS COUNSEL FEES On March 19th, 2010, a Statement of Claim was issued alleging that NVIDIA was negligent and breached their equitable duties by designing, testing, manufacturing, selling and distributing

5 - 5 - defective graphic cards which they knew or ought to have known would be integrated into computers purchased, without inspection, by the class of purchasers. On July 9, 2013, the court certified the action against NVIDIA for settlement purposes only. On September 20, 2013, the court approved the Settlement Agreement and declared that it is fair, reasonable and in the best interest of the Settlement Class. The court appointed NPT RicePoint as the Administrator of this Settlement Agreement. The Administrator will oversee the claims process and will distribute the Settlement Amount, as described above. The court also awarded Class Counsel fees, expenses and applicable taxes in the amount of $587, ( Class Counsel Fees ). Class Counsel was not paid as the matter proceeded and funded the expenses of conducting the litigation. The amount awarded for Class Counsel Fees includes $87, for the reimbursement of amounts spent in the conduct of the class action. Class Counsel Fees will be deducted from the Settlement Amount before it is distributed to the Settlement Class. Expenses relating to approval, notification, implementation, and administration of the Settlement Agreement will also be paid from the Settlement Amount. PUBLICATION OF THIS NOTICE HAS BEEN AUTHORIZED BY THE ONTARIO SUPERIOR COURT OF JUSTICE

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA If you purchased certain models of notebook computers containing an NVIDIA graphics processing unit or media and communications processor,