FILED IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION FUNDSXPRESS FINANCIAL NETWORK, PLAINTIFF, V. DIGITAL INSIGHT CORPORATION DEFENDANTS. STIPULATION AND ORDER REGARDING PRELIMINARY INJUNCTION WHEREAS. Plaintiff FundsXpress Financial Network, Inc. has filed an application for preliminary injunction against Defendant Digital Insight Corporation; and WHEREAS, the parties desire to stipulate to the entry of a preliminary injunction against Defendant. IT IS HEREBY STIPULATED that until such time as this action is resolved in the district court, Defendant, its agents, servants and all those in active concert or participation with | Defendant are enjoined from: 1. Accessing or using the trade secrets or improperly obtained confidential information of Plaintiff or otherwise disclosing the trade secrets or such confidential information of Plaintiff in any manner, including such information in Plaintiff's Tutorial, Pricing Suite and sales pipeline reports or located in a FundsXpress notebook computer previously used by Ronald Goffman, an employee of Defendant; 2. Directly, indirectly or by any contributory manner infringing any of Plaintiff's exclusive rights in its copyrights, including copying, publishing or otherwise distributing copies of Plaintiff's Tutorial, Pricing Suite or sales pipeline reports; 3. Retaining any trade secrets or such confidential information of Plaintiff or copies of any copyrighted works of Plaintiff (collectively "Intellectual Property") under Defendant's possession or control provided that Defendant's counsel of record in this proceeding may retain a copy of any such information or copyrighted works returned by Defendant to Plaintiff; 4. Using any of the Intellectual Property of Plaintiff to sell its products or services to financial institutions; and 5. Destroying the location or any record of use of the above-listed Intellectual Property by Defendant. IT IS FURTHER STIPULATED that Defendant remove any Intellectual Property of Plaintiff from being accessible by any employee, agent, officer or director of Defendant and either return such Intellectual Property to Plaintiff or destroy it (with reasonable proof of its destruction provided to Plaintiff). IT IS FURTHER STIPULATED that, unless such destruction has already occurred, Defendant will provide to Plaintiff the location of all Intellectual Property of Plaintiff to be destroyed or returned to Plaintiff prior to the destruction or return of such Intellectual Property by Defendant. IT IS FURTHER STIPULATED that if such destruction of Intellectual Property has already occurred, Defendant shall inform Plaintiff of the identity of the Intellectual Property destroyed and its prior location. IT IS FURTHER STIPULATED that Defendant shall furnish to Plaintiff within 30 days from the date of issuance of this Order an accounting of the location of the Plaintiff's Intellectual Property or other property destroyed or returned. IT IS FURTHER STIPULATED that a bond shall not be required in the instant case. IT IS FURTHER STIPULATED that neither the filing or the entry of this Stipulation, nor anything contained herein, shall be construed as a waiver of or other limitation on any claims that Plaintiff may have, as an admission of Defendant's actual or potential liability, or a waiver of any defense Defendant may have to the Complaint. Peter Nolan WINSTEAD SECHREST & MINICK, P.C. 100 Congress Avenue, Suite 800 Austin, TX 78701 (512) 370-2885 (512) 370-2850 (Fax) ATTORNEYS FOR PLAINTIFF Barry K. Bishop CLARK, THOMAS & WINTERS, P.C. P O. Box 1148 Austin, Texas 78767-1148 (512) 472-8800 (512) 474-1129 ATTORNEYS FOR DEFENDANT The foregoing Stipulation is so ORDERED. United States District Judge 3-18-02