UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF NEW HAMPSHIRE 

 

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* 

Visual Legacy Group, LLC, * 

* 

Plaintiff * Case Number: C-06-136-JD 

v. * 

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Innovative Software Solutions, Inc. * 

* 

Defendant * 

* 

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STIPULATION AND PROPOSED ORDER FOR PRELIMINARY INJUNCTION 

Defendant Innovative Software Solutions, Inc. (“ISSI”) and plaintiff Visual 

Legacy Group, LLC (“Visual”), by their undersigned counsel, stipulate as follows. In 

entering into the following stipulation for entry of a preliminary injunction, the parties are 

not making any admission with respect to the merits of any claims or defenses in this 

matter or any other matter. The parties stipulate as follows: 

1. (a) ISSI, within five business days (except as described in (b) below 

with respect to certain offsite storage) of the entry of this order, shall remove and 

not retain any copies of Visual’s software product, WinFAST (defined in the 

parties’ Agreement as the Software) in any form (including as part of an 

Integrated Product within the meaning of the parties’ Agreement), from a) all 

computers owned, possessed or controlled by ISSI (including those of its 

employees and consultants); and b) any other medium (such as compact disks, 

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back up tapes, e-mail attachments) owned, possessed or controlled by ISSI 

(including that of its employees and consultants). 

(b) ISSI delivers on a weekly basis to Iron Mountain, Inc. at Malvern, 

PA for secure offsite storage backup tapes of ISSI’s entire computer records. 

Those tapes are each held for fifty-two weeks from delivery, and then are returned 

in rotation to ISSI to write over and create new weekly backup storage. In lieu of 

ISSI retrieving and removing any copies of WinFAST from those Iron Mountain 

backup tapes in accordance with subparagraph (a), ISSI shall notify Visual any 

time within one year from the date of this order whenever it retrieves any such 

backup tapes other than for routine rotational reuse, i.e. whenever any tapes are 

“specially retrieved”. ISSI shall not copy WinFAST from any rotationally 

retrieved tapes and shall not copy and shall remove WinFAST from any such 

specially retrieved backup tapes. 

2. ISSI shall state in writing that all such copies have been removed and shall 

provide that statement to Visual within ten business days of the entry of this order. 

3. Visual shall be permitted access to ISSI’s hardware for the sole purpose of 

confirming compliance with this order subject to ISSI’s schedule. This review shall take 

place over a one day period agreed upon by the parties within thirty business days from 

the date of this order and pursuant to a reasonable procedure agreed upon by the parties 

designed to achieve the compliance goals of this order. Visual may not copy or review 

any materials other than reviewing materials that are necessary to confirm compliance 

with this order. Visual shall treat all materials that it reviews as confidential and may not 

use such materials or information from such materials for any purpose other than to 

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confirm compliance with this order. Visual shall have a similar opportunity to confirm 

on a quarterly basis compliance with the removal and/or lack of copying of WinFAST 

from Iron Mountain backup tapes retrieved under the terms of paragraph 1(b) herein, for 

the period during which WinFAST remains on any such backup tapes. ISSI shall also 

provide Visual, on a monthly basis for one year from the date of this order, copies of Iron 

Mountain invoices that contain sufficient information so as to disclose whether or not 

ISSI has specially retrieved any backup tapes. 

4. ISSI shall not deliver, activate or demonstrate any copies of WinFAST to 

customers or any third parties after the date of this order. 

5. Innovative Software Solutions, Inc. (“ISSI”), within five business days of 

the date of this agreement, shall provide copies currently in ISSI’s possession of all 

WinFAST licenses from ISSI customers who have WinFAST currently installed to 

Visual Legacy Group, LLC (“Visual”), along with a list of the additional customers as to 

which ISSI does not have copies currently in its possession. ISSI will make a reasonable 

effort to obtain copies of licenses from any other customers and provide those within 

seven business days following receipt by ISSI. The extent of ISSI’s reasonable effort set 

forth in the prior sentence shall not be reviewed by this Court for compliance with this 

preliminary injunction. 

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 Respectfully submitted, 

 INNOVATIVE SOFTWARE SOLUTIONS, INC. 

 by its attorneys, 

 COOK, LITTLE, ROSENBLATT & 

 MANSON, P.L.L.C. 

Dated: April 18, 2006 By: /s/ Arnold Rosenblatt 

 Arnold Rosenblatt (#2879) 

650 Elm Street, 4th Floor 

Manchester, NH 03101 

(603) 621-7102 

 VISUAL LEGACY GROUP, LLC. 

 by its attorneys, 

 MCLANE, GRAF, RAULERSON & MIDDLETON, 

 PROFESSIONAL ASSOCIATION 

Dated: April 18, 2006 By: /s/ Thomas J. Donovan 

 Thomas J. Donovan (#664) 

900 Elm Street 

P.O. Box 326 

Manchester, NH 03105 

(603) 628-1337 

STIPULATION FOR PRELIMINARY INJUNCTION APPROVED. SO ORDERED: 

_____________________ ______________________________ 

Date Joseph A. DiClerico, Jr., 

 United States District Judge 

April 19, 2006 /s/ Joseph A. DiClerico, Jr.

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