If the Court approves the proposed settlement, it will enter a Judgment that will dismiss the action titled Johnson v. Apple Inc., Superior Court of California for the County of Santa Clara, Case No. 109CV146501 ("Action") on the merits and with prejudice as to all Settlement Class Members. All Class Members who do not validly and timely request to be excluded from the proposed settlement will be forever barred from prosecuting their own lawsuits and shall be deemed, on behalf of themselves and their heirs, assigns, and successors, to have fully released and forever discharged the "Released Persons" (as defined below) from all "Released Claims" (as defined below).
"Released Persons" shall mean Apple and each of its past or present directors, officers, employees, agents, insurers, shareholders, attorneys, advisors, consultants, representatives, partners, affiliates, parents, subsidiaries, joint venturers, independent contractors, integrators, wholesalers, resellers, distributors, retailers, related companies, and divisions, and each of their predecessors, successors, heirs, and assigns.
"Released Claims" shall mean any and all liabilities, claims, cross-claims, causes of action, rights, actions, suits, debts, liens, contracts, agreements, damages, costs, attorneys’ fees, losses, expenses, obligations, or demands, of any kind whatsoever, whether known or unknown, existing or potential, or suspected or unsuspected, whether raised by claim, counterclaim, setoff, or otherwise, including any known or unknown claims, which they have or may claim now or in the future to have, that were or could have been alleged or asserted against any of the Released Persons in the Action regarding 99¢ iTunes Gift Cards (as defined below) including any alleged overcharges, misrepresentations or failures to disclose, breach of contract, or unfair or deceptive practices with respect to 99¢ iTunes Gift Cards.
"99¢ iTunes Gift Cards" means gift cards usable for purchasing digital media online at the Apple iTunes Store where the card or the packaging to which it was attached contained language that "songs are 99¢" or other language indicating that songs are priced at 99¢.
By operation of the Final Judgment, all Settlement Class Members shall be deemed to have waived any and all provisions, rights, and benefits conferred by § 1542 of the California Civil Code or any comparable statutory or common law provision of any other jurisdiction with respect to the Released Claims. Section 1542 reads as follows:
Certain Claims Not Affected By General Release: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Although the releases granted under the Agreement are not general releases, the Settlement Class Members nonetheless acknowledge that they are waiving the protections of § 1542 and of any comparable statutory or common law provision of any other jurisdiction.