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9 Case 4:15-cv PJH Document Filed 10/25/16 Page 9 of 33 EXHIBIT A

10 Case 4:15-cv PJH Document Filed 10/25/16 Page 10 of 33 VIA PRIORITY MAIL «First» «Last» «Company» «Address_1» «Address_2» «City», «State» «Zip» August 3, 2016 Re: Notice of Proposed Class Action Settlement Pursuant to 28 U.S.C Dear «First» «Last»: ORRICK HERRINGTON AND SUTCLIFFE LLP represents NVIDIA Corporation ( NVIDIA ) in a consolidated class action lawsuit entitled In Re: NVIDIA GTX 970 Graphics Chip Litigation, Case No. 4:15-cv PJH. The lawsuit is pending before the Honorable Phyllis J. Hamilton in the United States District Court for the Northern District of California. A complete list of related cases is attached hereto as Attachment A. This letter is to advise you that Plaintiffs filed a Motion for Preliminary Approval of Class Action Settlement in connection with this class action lawsuit on July 25, Case Name: In Re: NVIDIA GTX 970 Graphics Chip Litigation Case Number: 4:15-cv PJH Jurisdiction: United States District Court, Northern District of California Date Settlement Filed with Court: July 25, 2016 NVIDIA denies any wrongdoing or liability whatsoever, but has decided to settle this action solely in order to eliminate the burden, expense, and uncertainties of further litigation. In compliance with 28 U.S.C. 1715(b), the following documents referenced below are included on the CD that is enclosed with this letter: U.S.C. 1715(b)(1) Complaint and Related Materials: Copies of: a. Class Action Complaint (filed February 19, 2015, 4:15-cv PJH); b. Class Action Complaint (filed February 20, 2015, 5:15-cv PSG); c. Class Action Complaint (filed February 26, 2015, CU-BT-CTL);

11 Case 4:15-cv PJH Document Filed 10/25/16 Page 11 of 33 «First» «Last» August 3, 2016 Page 2 d. Class Action Complaint (filed March 9, 2015, 1:15-cv JFM); e. Class Action Complaint (filed March 9, 2015, 4:15-cv PJH); f. Class Action Complaint (filed March 11, 2015, 4:15-cv PJH); g. Class Action Complaint (filed March 11, 2015, 4:15-cv PJH); h. Class Action Complaint (filed March 12, 2015, 4:15-cv PJH); i. Class Action Complaint (filed March 13, 2015, 4:15-cv PJH); j. Class Action Complaint (filed March 13, 2015, 4:15-cv PJH); k. Class Action Complaint (filed March 17, 2015, 4:15-cv PJH); l. Class Action Complaint (filed March 19, 2015, 4:15-cv PJH); m. Class Action Complaint (filed March 19, 2015, 4:15-cv PJH); n. Class Action Complaint (filed March 23, 2015, 4:15-cv PJH); o. Class Action Complaint (filed April 6, 2015, 29D PL 2631); p. Class Action Complaint (filed April 21, 2015, 4:15-cv PJH); q. First Amended Consolidated Class Action Complaint (filed June 8, 2015, 3:15-cv CRB); r. Amended Class Action Complaint (filed June 26, 2016, 4:15-cv PJH); s. Class Action Complaint (filed July 24, 2015, 4:15-cv PJH); and t. Second Amended Consolidated Class Action Complaint (filed November 24, 2015, 3:15- cv crb) are included on the enclosed CD Rom U.S.C. 1715(b)(2) Notice of Any Scheduled Judicial Hearing: As of August 3, 2016, the Court has not yet scheduled a final fairness hearing in this matter. Plaintiffs filed Plaintiffs Notice of Motion and Motion for Preliminary Approval of Class Action Settlement, Provisional Certification of Nationwide Settlement Class, and Approval of Procedure for and Form of Notice; Memorandum of Points and Authorities in Support; Declarations of L. Timothy Fisher and Alan M. Mansfield Filed Herewith requesting that a hearing take place on August 24, 2016, at 9:00 a.m. in Courtroom 3 on the Third Floor before the Honorable Phyllis J. Hamilton. Copies of Plaintiffs Notice of Motion and Motion for Preliminary Approval of Class Action Settlement, Provisional Certification of Nationwide Settlement Class, and Approval of Procedure for and Form of Notice; Memorandum of Points and Authorities in Support; Declarations of L. Timothy Fisher and Alan M. Mansfield Filed Herewith, Declaration of Alan M. Mansfield in Support of Plaintiffs Motion for Preliminary Approval of Class action Settlement, Provisional Certification of Nationwide Settlement Class, and Approval of Procedure for and Form of Notice, Declaration of L. Timothy Fisher in Support of Plaintiffs Motion for Preliminary Approval of Class action Settlement, Provisional Certification of Nationwide Settlement Class, and Approval of Procedure for and Form of Notice, and [Proposed] Order Granting Motion for Preliminary Approval of Class Action Settlement and Directing Dissemination of Class Notice Program are included on the enclosed CD Rom U.S.C. 1715(b)(3) Notification to Class Members: Copies of the Claim Form, Long Form Notice, and Short Form Notice to be provided to the class are included on the enclosed CD Rom U.S.C. 1715(b)(4) Class Action Settlement Agreement: A copy of the Stipulation and Agreement of Settlement and Release is included on the enclosed CD Rom.

12 Case 4:15-cv PJH Document Filed 10/25/16 Page 12 of 33 «First» «Last» August 3, 2016 Page U.S.C. 1715(b)(5) Any Settlement or Other Agreement: A copy of Exhibit 6 to Stipulation and Agreement of Settlement and Release which specifically addresses requests for exclusion from the Settlement Class is included on the enclosed CD Rom U.S.C. 1715(b)(6) Final Judgment: No Final Judgment has been reached as of August 3, A copy of Plaintiff s Notice of Voluntary Dismissal, filed March 20, 2015, in related Case No. 1:15-cv JFM, United States District Court for the District of Maryland, Baltimore Division, and the [Proposed] Settlement Approval Order and Final Judgment are included on the enclosed CD Rom U.S.C. 1715(b)(7)(A)-(B) Names of Class Members/Estimate of Class Members: While NVIDIA is in the process of gathering information on this issue, pursuant to 28 U.S.C. 1715(b)(7)(A), at this time a complete list of names of class members as well as each State of residence is not available, because the parties do not presently know the names or current addresses of all the proposed settlement class members and will not learn this information until the Settlement is preliminarily approved and the Court authorizes dissemination of information about the Settlement through the Class Notice. Pursuant to 28 U.S.C. 1715(b)(7)(B), it is estimated that there are approximately 500,000 individuals in the class U.S.C. 1715(b)(8) Judicial Opinions Related to the Settlement: As the proposed Settlement is still pending final approval by the Court, there are no other opinions available at this time. A copy of the Memorandum issued August 25, 2015, in related Case No. 2:15-cv GP, United States District Court for the Eastern District of Pennsylvania is included on the enclosed CD Rom. If for any reason you believe the enclosed information does not fully comply with 28 U.S.C. 1715, please contact counsel immediately at either atalarides@orrick.com or (415) so that NVIDIA can address any concerns or questions you may have. Thank you. Sincerely, /s/ Patrick M. Passarella Senior Vice President Enclosure CD Rom

13 Case 4:15-cv PJH Document Filed 10/25/16 Page 13 of 33 «First» «Last» August 3, 2016 Page 4 5:15-cv PSG USDC Northern District of California Pedro Santiago v. NVIDIA Corporation, Asus Computer International, and TigerDirect, Inc. 1:15-cv-00660JFM USDC District of Maryland, Baltimore Division Stephen Lowe v. NVIDIA Corporation 4:15-cv PJH USDC Western District of North Carolina Chester Bailey v. NVIDIA Corporation 4:15-cv PJH USDC Eastern District of Pennsylvania Francis Palagano v. NVIDIA Corporation 4:15-cv PJH USDC Northern District of California, Oakland Division Kiloe Young v. NVIDIA Corporation and Asus Computer International 4:15-cv PJH USDC Northern District of California Joel Bernabel, Austin Verlinden, Paolo Jimenez, and Paolo Rodriguez v. NVIDIA Corporation, EVGA Corporation, PNY Technologies, Inc., and MSI Computer Corporation 4:15-cv PJH USDC Middle District of Georgia, Albany Division Patrick E. Parker v. NVIDIA Corporation 4:15-cv PJH USDC Northern District of California Timothy Farley and Alexander Montgomery v. NVIDIA Corporation 4:15-cv PJH USDC Northern District of California, San Jose Division Jorell Dye v. NVIDIA Corporation ATTACHMENT A In Re: NVIDIA GTX 970 Graphics Chip Litigation 4:15-cv PJH CU-BT-CTL California Superior Court San Diego County Don Le v. NVIDIA Corporation 4:15-cv PJH USDC Northern District of California Mark Roushion v. NVIDIA Corporation and EVGA Corporation 4:15-cv PJH USDC District of Colorado Garret Giordano v. NVIDIA Corporation 4:15-cv PJH USDC District of Maryland, Greenbelt Division Gukjin Chung v. NVIDIA Corporation 4:15-cv JPH USDC Northern District of California, San Jose Division Stephen Denz v. NVIDIA Corporation; Gigabyte Global Business Corporation d.b.a. Giga-Byte Technology Co. Ltd., and G.B.T. Inc. d/b/a Giga- Byte Technology Co. Ltd. 4:15-cv PJH USDC Northern District of California, San Jose Division Jason Doerrer v. G.B.T. Inc., Gigabyte Global Business Corporation, and NVIDIA Corporation 29D PL 2631 Indiana Superior Court Hamilton County Julius A. Kovacs v. NVIDIA Corporation 3:15-cv CRB USDC Northern District of California In Re NVIDIA GTX 970 Graphics Card Litigation

14 Case 4:15-cv PJH Document Filed 10/25/16 Page 14 of 33 EXHIBIT B

15 Case 4:15-cv PJH Document Filed 10/25/16 Page 15 of 33 Last First Company Address 1 Address 2 City State Zip Richards Craig W. Office of the Alaska Attorney General P.O. Box Juneau AK Strange Luther Office of the Alabama Attorney General 501 Washington Avenue PO Box Montgomery AL Rutledge Leslie Arkansas Attorney General Office 323 Center Street, Suite 200 Little Rock AR Brnovich Mark Office of the Arizona Attorney General 1275 W. Washington Street Phoenix AZ CAFA Coordinator Office of the Attorney General Consumer Law Section 455 Golden Gate Ave., Suite San Francisco CA Coffman Cynthia Office of the Colorado Attorney General Ralph L. Carr Colorado Judicial Center 1300 Broadway, 10th Floor Denver CO Jepsen George State of Connecticut Attorney General's Office 55 Elm Street Hartford CT 6106 Racine Karl A. District of Columbia Attorney General 441 4th Street, NW, Suite 1100S Washington DC Lynch Loretta E. Attorney General of the United States United States Department of Justice 950 Pennsylvania Avenue, NW Washington DC Denn Matt Delaware Attorney General Carvel State Office Building 820 N. French Street Wilmington DE Bondi Pam Office of the Attorney General of Florida The Capitol, PL-01 Tallahassee FL Olens Sam Office of the Georgia Attorney General 40 Capitol Square, SW Atlanta GA Chin Douglas S. Office of the Hawaii Attorney General 425 Queen Street Honolulu HI Miller Tom Iowa Attorney General Hoover State Office Building 1305 E. Walnut Street Des Moines IA Wasden Lawrence State of Idaho Attorney General's Office Statehouse 700 W Jefferson St Boise ID Madigan Lisa Illinois Attorney General James R. Thompson Center 100 W. Randolph Street Chicago IL Zoeller Greg Indiana Attorney General's Office Indiana Government Center South 302 West Washington Street, 5th Floor Indianapolis IN Schmidt Derek Kansas Attorney General 120 S.W. 10th Ave., 2nd Floor Topeka KS Beshear Andy Office of the Kentucky Attorney General 700 Capitol Ave Capitol Building, Suite 118 Frankfort KY Landry Jeff Office of the Louisiana Attorney General P.O. Box Baton Rouge LA Healey Maura Office of the Attorney General of Massachusetts 1 Ashburton Place Boston MA Frosh Brian Office of the Maryland Attorney General 200 St. Paul Place Baltimore MD Mills Janet T. Office of the Maine Attorney General State House Station 6 Augusta ME Schuette Bill Office of the Michigan Attorney General P.O. Box W. Ottawa Street Lansing MI Lori Swanson Attorney General Attention: CAFA Coordinator 1400 Bremer Tower 445 Minnesota Street St. Paul MN Koster Chris Missouri Attorney General's Office Supreme Court Building 207 W. High Street Jefferson City MO Hood Jim Mississippi Attorney General's Office Department of Justice P.O. Box 220 Jackson MS Fox Tim Office of the Montana Attorney General Justice Bldg. 215 N. Sanders Street Helena MT Cooper Roy Office of the North Carolina Attorney General Department of Justice P.O. Box 629 Raleigh NC Stenehjem Wayne North Dakota Office of the Attorney General State Capitol 600 E. Boulevard Avenue Bismarck ND Peterson Doug Office of the Nebraska Attorney General State Capitol P.O. Box Lincoln NE Foster Joseph A. New Hampshire Attorney General State House Annex 33 Capitol Street Concord NH Lougy Robert Office of the New Jersey Attorney General Richard J. Hughes Justice Complex 25 Market Street, P.O. Box 080 Trenton NJ Balderas Hector Office of the New Mexico Attorney General P.O. Drawer 1508 Santa Fe NM Laxalt Adam Paul Nevada Attorney General Old Supreme Ct. Bldg. 100 North Carson Street Carson City NV Schneiderman Eric Office of the New York Attorney General Department of Law The Capitol, 2nd Floor Albany NY DeWine Mike Ohio Attorney General State Office Tower 30 E. Broad Street Columbus OH Pruitt Scott Oklahoma Office of the Attorney General 313 NE 21st Street Oklahoma City OK Rosenblum Ellen F. Office of the Oregon Attorney General Justice Building 1162 Court Street, NE Salem OR Kane Kathleen Pennsylvania Office of the Attorney General 1600 Strawberry Square Harrisburg PA Kilmartin Peter Rhode Island Office of the Attorney General 150 South Main Street Providence RI Wilson Alan South Carolina Attorney General Rembert C. Dennis Office Bldg. P.O. Box Columbia SC Jackley Marty J. South Dakota Office of the Attorney General 1302 East Highway 14, Suite 1 Pierre SD Slatery, III Herbert H. Tennessee Attorney General and Reporter 425 5th Avenue North Nashville TN Paxton Ken Attorney General of Texas Capitol Station P.O. Box Austin TX Reyes Sean Utah Office of the Attorney General State Capitol, Room N State St Salt Lake City UT Herring Mark Office of the Virginia Attorney General 900 East Main Street Richmond VA Sorrell William H. Office of the Attorney General of Vermont 109 State Street Montpelier VT Ferguson Bob Washington State Office of the Attorney General 1125 Washington St SE P.O. Box Olympia WA Schimel Brad Office of the Wisconsin Attorney General Dept of Justice, State Capitol, RM 114 East P.O. Box 7857 Madison WI Morrisey Patrick West Virginia Attorney General State Capitol 1900 Kanawha Blvd E Charleston WV Michael Peter K. Office of the Wyoming Attorney General State Capitol Bldg. 200 W 24th St Cheyenne WY Ale Talauega Eleasalo V. American Samoa Attorney General Exec. Ofc. Bldg, Utulei Territory of American Samoa Pago Pago AS Barrett-Anderson Elizabeth Attorney General Office 590 S. Marine Corps Drive ITC Bldg, Suite 706 Tamuning GU Manibusan Edward Northern Mariana Islands Attorney General Administration Building PO Box Saipan MP Miranda-Rodriguez Cesar R. Puerto Rico Attorney General P.O. Box San Juan San Juan PR Walker Claude E. Department of Justice Virgin Islands Attorney General Kronprindsens Gade, GERS Bldg, 2nd Floor St. Thomas VI Talarides Alexander K. Orrick, Herrington & Sutcliff, LLP The Orrick Building 405 Howard Street San Francisco CA 94105

16 Case 4:15-cv PJH Document Filed 10/25/16 Page 16 of 33 EXHIBIT C

17 From: To: Claim #: Subject: Case 4:15-cv PJH Document Filed 10/25/16 Page 17 of 33 Settlement Administrator «First1» «Last1» «ClaimID» Legal Notice LEGAL NOTICE If You Are A U.S. Resident And You Purchased A GeForce GTX 970 Graphics Processing Unit in the U.S. Between September 1, 2014 to August 24, 2016, You May Be Entitled To Payment From A Class Action Settlement In re NVIDIA GTX 970 Graphics Chip Litigation, Case No. 15-CV PJH WHAT IS THIS NOTICE ABOUT? A lawsuit is pending in the United States District Court, Northern District of California, (the Litigation ) that may affect your rights. The Litigation claims that NVIDIA Corporation ( NVIDIA ), Gigabyte Global Business Corporation, G.B.T. Inc., ASUS Computer International, and EVGA Corporation (collectively, Defendants ) sold GeForce GTX 970 graphics processing units ( GTX 970 GPU ) to consumers based on inaccurate information regarding the GTX 970 GPU s specifications and performance. Defendants deny these claims. The Court did not rule in favor of Plaintiffs or Defendants. Instead, the parties agreed to a proposed settlement. AM I A MEMBER OF THE CLASS? The class is defined as all persons and entities residing in the United States of America who purchased a GTX 970 GPU in the U.S. from the Defendants, the AIC Partners (defined in the full notice) or their authorized retailers between September 1, 2014 to August 24, 2016 other than for purposes of resale or distribution. WHAT DOES THE SETTLEMENT PROVIDE? Subject to Court approval, Defendants will pay $30 cash for each qualifying GTX 970 GPU device purchased in the U.S. between September 1, 2014 to August 24, There is no limit on the number of GTX 970 GPU devices a person can submit a claim for, so long as they submit the necessary proof of purchase. If you already submitted a claim for all qualifying GTX 970 units that you purchased, do not submit another claim. WHAT ARE MY RIGHTS? You have a choice of whether to stay in the Class or not, and you must decide this now. 1. You Can Accept the Settlement. Class Members who wish to receive a Cash Payment must submit claims by November 30, You can access a Claim Form at Read the instructions carefully, fill out the form, and submit it online on or before November 30, Alternatively, you may also submit a Claim Form by mailing it to the following address: Nvidia GTX 970 Graphics Chip Settlement Administrator, P.O. Box 43431, Providence, RI It must be postmarked no later than November 30, Claim Forms may also be ed or faxed to info@gtx970settlement.com or , and must be received by the Administrator no later than 11:59 p.m. Pacific Time on November 30, 2016 to be considered valid. If you fail to submit a timely Claim Form and do not exclude yourself from the settlement, then you will be bound by the settlement but will not receive a Cash Payment. If you stay in the Class, you will be legally bound by all orders and judgments of the Court, and you won t be able to sue, or continue to sue, Defendants as part of any other lawsuit involving the same claims that are in this lawsuit. NVANTE1

18 Case 4:15-cv PJH Document Filed 10/25/16 Page 18 of You Can Object to the Settlement. You can ask the Court to deny approval by filing an objection with the Court. You can t ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. You may hire your own lawyer to appear in Court for you if you wish; however, if you do, you will be responsible for paying that lawyer on your behalf. Objections to the proposed settlement will be considered by the Court only if such objections are filed in writing by November 8, 2016 with the Clerk of the Court at Clerk of the Court, United States District Court, Northern District of California, 1301 Clay Street, Suite 400S, Oakland, CA Objections must clearly state your name, address, telephone number, the title of this Litigation, the manufacturer or Product Identification Number for your GTX 970 GPU Unit, and provide a detailed description of the grounds for each objection you make. 3. You Can Opt Out of the Settlement. If you exclude yourself from the Class which is sometimes called opting out of the Class you won t get a payment from the settlement but won t be barred from asserting claims against Defendants. Such notice shall include your name, address, telephone number, Unit brand, approximate date of purchase, and a statement that you want to be excluded from the lawsuit In re NVIDIA GTX 970 Graphics Chip Litigation, Case No. 15-CV PJH. Send the written notice to Nvidia GTX 970 Graphics Chip Settlement Administrator, P.O. Box 43431, Providence, RI postmarked no later than November 8, THE FAIRNESS HEARING On December 7, 2016, at 9:00 a.m., the Court will hold a hearing in the United States District Court for the Northern District of California to determine: (1) whether the proposed settlement is fair, reasonable, and adequate and should receive final approval; and (2) whether the application for Plaintiffs attorneys fees and expenses of $1.3 million (which is in addition to and separate from all other consideration and remedies available to the Settlement Class), and a total payment of up to $25,000 to some or all of the 24 named plaintiffs should be granted. Class Members who support the proposed settlement do not need to appear at the hearing or take any other action to indicate their approval. HOW CAN I GET MORE INFORMATION? This is only a summary of the settlement. If you have questions or want to view the detailed notice or other documents about this lawsuit, including the Settlement Agreement, you may visit You may also contact Class Counsel by at info@bursor.com, or call the Settlement Administrator at: You may also review the Court s docket for this case online at or visit the Court Clerk s office during regular business hours. By Order of the United States District Court for the Northern District of California

19 Case 4:15-cv PJH Document Filed 10/25/16 Page 19 of 33 EXHIBIT D

20 Case 4:15-cv PJH Document Filed 10/25/16 Page 20 of 33 Nvidia GTX 970 Graphics Chip LEGAL NOTICE Settlement Administrator P.O. Box Providence, RI If You Are A U.S. Resident And You Purchased A GeForce GTX 970 Graphics Processing Unit in the U.S. Between September 1, 2014 to August 24, 2016, You May Be Entitled To Payment From A Class Action Settlement In re NVIDIA GTX 970 Graphics Chip Litigation, Case No. 15-CV PJH «Barcode» Postal Service: Please do not mark barcode Claim#: NVA-«ClaimID»-«MailRec» «First1» «Last1» «CO» «Addr2» «Addr1» «City», «St» «Zip» «Country» NVA

21 WHAT IS THIS NOTICE ABOUT? A lawsuit is pending in the United States District Court, Northern District of California, (the Litigation ) that may affect your rights. The Litigation claims that NVIDIA Corporation ( NVIDIA ), Gigabyte Global Business Corporation, G.B.T. Inc., ASUS Computer International, and EVGA Corporation (collectively, Defendants ) sold GeForce GTX 970 graphics processing units ( GTX 970 GPU ) to consumers based on inaccurate information regarding the GTX 970 GPU s specifications and performance. Defendants deny these claims. The Court did not rule in favor of Plaintiffs or Defendants. Instead, the parties agreed to a proposed settlement. AM I A MEMBER OF THE CLASS? The class is defined as all persons and entities residing in the United States of America who purchased a GTX 970 GPU in the U.S. from the Defendants, the AIC Partners (defined in the full notice) or their authorized retailers between September 1, 2014 to August 24, 2016 other than for purposes of resale or distribution. WHAT DOES THE SETTLEMENT PROVIDE? Subject to Court approval, Defendants will pay $30 cash for each qualifying GTX 970 GPU device purchased in the U.S. between September 1, 2014 to August 24, There is no limit on the number of GTX 970 GPU devices a person can submit a claim for, so long as they submit the necessary proof of purchase. If you already submitted a claim for all qualifying GTX 970 units that you purchased, do not submit another claim. WHAT ARE MY RIGHTS? You have a choice of whether to stay in the Class or not, and you must decide this now. 1. You Can Accept the Settlement. Class Members who wish to receive a Cash Payment must submit claims by November 30, You can access a Claim Form at Read the instructions carefully, fill out the form, and submit it online on or before November 30, Alternatively, you may also submit a Claim Form by mailing it to the following address: Nvidia GTX 970 Graphics Chip Settlement Administrator, P.O. Box 43431, Providence, RI It must be postmarked no later than November 30, Claim Forms may also be ed or faxed to info@gtx970settlement.com or , and must be received by the Administrator no later than 11:59 p.m. Pacific Time on November 30, 2016 to be considered valid. If you fail to submit a timely Claim Form and do not exclude yourself from the settlement, then you will be bound by the settlement but will not receive a Cash Payment. If you stay in the Class, you will be legally bound by all orders and judgments of the Court, and you won t be able to sue, or continue to sue, Defendants as part of any other lawsuit involving the same claims that are in this lawsuit. 2. You Can Object to the Settlement. You can ask the Court to deny approval by filing an objection with the Court. You can t ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. You may hire your own lawyer to appear in Court for you if you wish; however, if you do, you will be responsible for paying that lawyer on your behalf. Objections to the proposed settlement will be considered by the Court only if such objections are filed in writing by November 8, 2016 with the Clerk of the Court at Clerk of the Court, United States District Court, Northern District of California, 1301 Clay Street, Suite 400S, Oakland, CA Objections must clearly state your name, address, telephone number, the title of this Litigation, the manufacturer or Product Identification Number for your GTX 970 GPU Unit, and provide a detailed description of the grounds for each objection you make. 3. You Can Opt Out of the Settlement. If you exclude yourself from the Class which is sometimes called opting out of the Class you won t get a payment from the settlement but won t be barred from asserting claims against Defendants. Such notice shall include your name, address, telephone number, Unit brand, approximate date of purchase, and a statement that you want to be excluded from the lawsuit In re NVIDIA GTX 970 Graphics Chip Litigation, Case No. 15-CV PJH. Send the written notice to Nvidia GTX 970 Graphics Chip Settlement Administrator, P.O. Box 43431, Providence, RI postmarked no later than November 8, THE FAIRNESS HEARING. On December 7, 2016, at 9:00 a.m., the Court will hold a hearing in the United States District Court for the Northern District of California to determine: (1) whether the proposed settlement is fair, reasonable, and adequate and should receive final approval; and (2) whether the application for Plaintiffs attorneys fees and expenses of $1.3 million (which is in addition to and separate from all other consideration and remedies available to the Settlement Class), and a total payment of up to $25,000 to some or all of the 24 named plaintiffs should be granted. Class Members who support the proposed settlement do not need to appear at the hearing or take any other action to indicate their approval. HOW CAN I GET MORE INFORMATION? This is only a summary of the settlement. If you have questions or want to view the detailed notice or other documents about this lawsuit, including the Settlement Agreement, you may visit You may also contact Class Counsel by at info@bursor.com, or call the Settlement Administrator at: You may also review the Court s docket for this case online at or visit the Court Clerk s office during regular business hours. By Order of the United States District Court for the Northern District of California.

22 Case 4:15-cv PJH Document Filed 10/25/16 Page 22 of 33 EXHIBIT E

23 Case 4:15-cv PJH Document Filed 10/25/16 Page 23 of 33 LEGAL NOTICE If You Purchased A GeForce GTX 970 Graphics Processing Unit Between September 1, 2014 To August 24, 2016, You May Be Entitled To Cash In re NVIDIA GTX 970 Graphics Chip Litigation, Case No. 15-CV PJH WHAT IS THIS NOTICE ABOUT? A lawsuit is pending in the United States District Court, Northern District of California, (the Litigation ) that may affect your rights. The Litigation claims that NVIDIA Corporation ( NVIDIA ), Gigabyte Global Business Corporation, G.B.T. Inc., ASUS Computer International, and EVGA Corporation (collectively, Defendants ) sold GeForce GTX 970 graphics processing units ( GTX 970 GPU ) to consumers based on inaccurate information regarding the GTX 970 GPU s specifications and performance. Defendants deny these claims. The Court did not rule in favor of Plaintiffs or Defendants. Instead, the parties agreed to a proposed settlement. AM I A MEMBER OF THE CLASS? The class is defined as all persons and entities residing in the United States of America who purchased a GTX 970 GPU from the Defendants, the AIC Partners (defined in the full notice) or their authorized retailers between September 1, 2014 to August 24, 2016 other than for purposes of resale or distribution. WHAT DOES THE SETTLEMENT PROVIDE? Subject to Court approval, Defendants will pay $30 cash for each qualifying GTX 970 GPU device purchased in the U.S. between September 1, 2014 to August 24, There is no limit on the number of GTX 970 GPU devices a person can submit a claim for, so long as they submit the necessary proof of purchase. WHAT ARE MY RIGHTS? You have a choice of whether to stay in the Class or not, and you must decide this now. 1. You Can Accept the Settlement. Class Members who wish to receive a Cash Payment must submit claims by November 30, You can access a Claim Form at Read the instructions carefully, fill out the form, and submit it online on or before November 30, Alternatively, you may also submit a Claim Form by mailing it to the following address: Nvidia GTX 970 Graphics Chip Settlement Administrator, P.O. Box 43431, Providence, RI It must be postmarked no later than November 30, Claim Forms may also be ed or faxed to Admin@GTX970settlement.com or (877) , and must be received by the Administrator no later than 11:59 p.m. Pacific Time on November 30, 2016 to be considered valid. If you fail to submit a timely Claim Form and do not exclude yourself from the Settlement, then you will be bound by the Settlement but will not receive a Cash Payment. If you stay in the Class, you will be legally bound by all orders and judgments of the Court, and you won t be able to sue, or continue to sue, Defendants as part of any other lawsuit involving the same claims that are in this lawsuit. 2. You Can Object to the Settlement. You can ask the Court to deny approval by filing an objection with the Court. You can t ask the Court to order a larger settlement; the Court can only approve or deny the settlement. If the Court denies approval, no settlement payments will be sent out and the lawsuit will continue. If that is what you want to happen, you must object. You may hire your own lawyer to appear in Court for you if you wish; however, if you do, you will be responsible for paying that lawyer on your behalf. Objections to the proposed Settlement will be considered by the Court only if such objections are filed in writing by November 8, 2016 with the Clerk of the Court at Clerk of the Court, United States District Court, Northern District of California, 1301 Clay Street, Suite 400S, Oakland, CA Objections must clearly state your name, address, telephone number, the title of this Litigation, the manufacturer or Product Identification Number for your GTX 970 GPU, and provide a detailed description of the grounds for each objection you make. 3. You Can Opt Out of the Settlement. If you exclude yourself from the Class which is sometimes called opting out of the Class you won t get a payment from the Settlement but won t be barred from asserting claims against Defendants. Such notice shall include your name, address, telephone number, Unit brand, approximate date of purchase, and a statement that you want to be excluded from the lawsuit In re NVIDIA GTX 970 Graphics Chip Litigation, Case No. 15-CV PJH. Send the written notice to Nvidia GTX 970 Graphics Chip Settlement Administrator, P.O. Box 43431, Providence, RI no later than November 8, THE FAIRNESS HEARING On December 7, 2016, at 9 a.m., the Court will hold a hearing in the United States District Court for the Northern District of California to determine: (1) whether the proposed Settlement is fair, reasonable, and adequate and should receive final approval; and (2) whether the application for Plaintiffs attorneys fees and expenses of $1.3 million (which is in addition to and separate from all other consideration and remedies available to the Settlement Class), and a total payment of up to $25,000 to some or all of the 24 named plaintiffs should be granted. Class Members who support the proposed Settlement do not need to appear at the hearing or take any other action to indicate their approval. HOW CAN I GET MORE INFORMATION? This is only a summary of the Settlement. If you have questions or want to view the detailed notice or other documents about this lawsuit, including the Settlement Agreement, you may visit You may also contact Class Counsel by at info@bursor.com, or call the Settlement Administrator at: (844) You may also review the Court s docket for this case online at cand.uscourts.gov or visit the Court Clerk s office during regular business hours. By Order of the United States District Court for the Northern District of California.

24 Case 4:15-cv PJH Document Filed 10/25/16 Page 24 of 33 file:///c /...rosoft/windows/temporary Internet Files/Content.Outlook/J207KVQZ/v5_NVIDIA_Banner300x250_083_for client approval.gif[10/24/2016 3:08:57 PM]

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