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The Court has conditionally ruled that the Litigation may be maintained on behalf of the following Class:
All persons or entities residing in the United States who purchased or obtained a First, Second, or Third Generation iPod on or before May 31, 2004.
Excluded from the Class are Apple; any entity in which Apple has a controlling interest; Apple's directors, officers, and employees; Apple's legal representatives, successors, and assigns; any Judge to whom the Litigation is assigned and the members of his or her immediate family; and all persons and entities who timely and validly request exclusion from the Class in compliance with the requirements set forth in this Notice.
The above definition of those persons who fall within or are excluded from the Class is referred to in this Notice as “the Class Definition.”
I. PURPOSE OF THIS NOTICE
The purpose of this Notice is to inform you, as a potential Class Member, of (a) the existence of the Litigation; (b) a proposed Class Action Settlement of the Litigation, described below; and (c) your rights with respect to the proposed Settlement. Those rights include the right to be excluded from the Class and the Settlement. If you are a Class Member and do not request exclusion in compliance with the procedures and deadline set forth below, you will remain in the Class and be bound by the terms of the Settlement.
Plaintiffs' Counsel have investigated and evaluated the claims asserted in the Litigation and have determined that the proposed Settlement is fair, reasonable, and adequate for the Class as a whole, in light of the benefits of the settlement and the disadvantages of continuing the Litigation. The proposed Settlement is a compromise of disputed claims and does not mean that Apple has any liability as alleged in the Litigation. Apple has denied and continues to deny any wrongdoing or liability on its part.
The following defined terms are used in this Settlement and this Notice.
First Generation iPod: First Generation iPods (iPod) are white and have a mechanical scroll wheel that physically turns and a Firewire port with no cover.
Second Generation iPod: Second Generation iPods (iPod Touchwheel) are white and have a touchwheel that does not physically turn and a Firewire port with a cover.
Third Generation iPod: Third Generation iPods (iPod with Dock Connector) are white and have a touchwheel that does not physically turn, a horizontal row of control buttons, and a dock connector.
“Battery Failure” means that the capacity of an iPod's battery to hold an electrical charge has dropped to four hours or less of continuous audio playback, with earbuds attached, with respect to the Third Generation iPod, or five hours or less of continuous audio playback, with earbuds attached, with respect to the First Generation iPod and the Second Generation iPod.
“Store Credit” means a credit in the amount of $50 redeemable toward the purchase of any Apple-branded products or services (except iTunes downloads, iTunes Music Store Cards, iTunes Gift Certificates, or any other product redeemable for iTunes downloads or cash) at either The Apple Store (Online) or at a kiosk (a computer linked to The Apple Store (Online)) located in a “brick and mortar” Apple retail store, issued as a discount code number. Store Credit may be transferred once but may not be aggregated or redeemed for cash. Store Credit may be used to purchase multiple products but, in all instances, the full value of the Store Credit must be used up or exhausted in a single transaction. Store Credit does not apply to any shipping, handling and sales tax charges applicable. Store Credit will expire eighteen (18) months after the date of issuance.
“Battery Replacement Program” or “BRP” means a service policy and/or program implemented and maintained by Apple, under which Apple will replace a consumer's iPod with an iPod of similar or better quality if the battery's ability to hold an electrical charge has diminished. The price currently charged by Apple for iPod replacement under the Battery Replacement Program is $99.00, plus a shipping fee of $6.95, for a total cost of $105.95.
“APP” means the AppleCare Protection Plan For iPod, a program that extends the 90-day complimentary single-incident phone support and one-year warranty on an iPod for a period of up to two years from the date of purchase. At this time, the price charged by Apple for the APP is $59.00.