LifeLock 2015 Annual Report Download - page 215

Case 3:15-cv-00258-HSG Document 49-1 Filed 11/04/15 Page 57 of 289
made in good faith and have a basis in fact, but consider it desirable for the Action to be settled and dismissed because of the
substantial benefits that the proposed Settlement will provide to Class Members.
132. The Parties expressly acknowledge and agree that this Settlement Agreement and its exhibits, along with all related
drafts, motions, pleadings, conversations, negotiations, and correspondence, constitute an offer of compromise and a compromise
within the meaning of Federal Rule of Evidence 408 and any equivalent rule of evidence in any state. In no event shall this Settlement
Agreement, any of its provisions, or any negotiations, statements, or court proceedings relating to its provisions in any way be
construed as, offered as, received as, used as, or deemed to be evidence of any kind in the Action, any other action, or in any judicial,
administrative, regulatory, or other proceeding, except in a proceeding to enforce this Settlement Agreement or the rights of the Parties
or their counsel. Without limiting the foregoing, neither this Settlement Agreement nor any related negotiations, statements, or court
proceedings shall be construed as, offered as, received as, used as, or deemed to be evidence or an admission or concession of any
liability or wrongdoing whatsoever on the part of any person or entity, including, but not limited to, the Released Parties, Plaintiffs,
the Class, or the Settlement Class or as a waiver by the Released Parties, Plaintiffs, or the Class of any applicable privileges, claims, or
defenses.
133. If this Settlement Agreement does not become effective or is cancelled, withdrawn, or terminated for any reason, it
shall be deemed negotiation for settlement purposes only and will not be admissible in evidence or usable for any purpose whatsoever
in the Action, any proceeding between the Parties, or in any action related to the Released Claims or
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