THE HONORABLE CATHERINE SHAFFER SUPERIOR COURT OF THE STATE OF WASHINGTON KING COUNTY RICHARD HARVEY, CLASS ACTION

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1 THE HONORABLE CATHERINE SHAFFER SUPERIOR COURT OF THE STATE OF WASHINGTON KING COUNTY RICHARD HARVEY, Plaintiff, v. DAVID P. ANASTASI, et al., Lead Case No SEA CLASS ACTION NOTICE OF PENDENCY AND SETTLEMENT OF CLASS ACTION Defendants. IF YOU HELD SHARES OF CAPTARIS, INC. ( CAPTARIS ) COMMON STOCK BETWEEN SEPTEMBER 4, 2008 AND OCTOBER 31, 2008, YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF A CLASS ACTION. The Superior Court of the State of Washington for the County of King authorized this Notice. This is not a solicitation from a lawyer. The settlement resolves a lawsuit over whether Captaris and its board of directors ( Defendants ) breached their fiduciary duties to the shareholders of Captaris in connection with the acquisition of Captaris by Open Text Inc. ( Open Text ). The settlement provided for the disclosure of certain additional information by Captaris prior to the October 31, 2008 shareholder vote on the proposed acquisition of Captaris by Open Text. Plaintiff believes that such supplemental disclosures were necessary in order for Captaris shareholders to make an informed vote on the proposed acquisition. The settlement provides for the release of all claims relating to the Action and the acquisition of Captaris by Open Text against Defendants and other Released Parties as defined in the Stipulation of Settlement and described in response to question 7, below. The settlement also provides for payment of Plaintiff s attorneys fees and expenses. The supplemental disclosures were provided to Captaris shareholders as part of a public filing with the Securities and Exchange Commission ( SEC ) on October 21, On October 31, 2008, Captaris shareholders voted to approve the proposed acquisition of Captaris by Open Text. Please read this Notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT: DO NOTHING OBJECT ATTEND A HEARING If you do nothing, you will be included as a Settlement Class Member. As a Settlement Class Member, you give up any right to sue any of the Defendants or the Released Parties for any of the Released Claims (described in response to question 7). You may file an objection with the Clerk of the Court if you do not approve of this settlement. You may ask to speak in Court about the fairness of the settlement. These rights and options and the deadlines to exercise them are explained in this Notice. The Court in charge of this case must decide whether to approve the settlement. 1

2 BASIC INFORMATION 1. Why Did I Get This Notice Package? You or someone in your family may have held shares of Captaris common stock between September 4, 2008 and October 31, You are receiving this Notice because you have a right to know about a settlement of a class action lawsuit before the Court decides whether to approve the settlement. This package explains the lawsuit, the settlement and your legal rights. The Court in charge of the case is the Superior Court of the State of Washington, King County, and the case is known as Harvey v. Anastasi, et al., Case No SEA. Captaris, David P. Anastasi, Robert F. Gilb, Robert L. Lovely, Thomas M. Murnane, Patrick J. Swanick, Mark E. Siefertson, Daniel R. Lyle and Bruce L. Crockett are called Defendants. 2. What Is This Lawsuit About? This case was brought as a purported class action alleging that Defendants breached their fiduciary duties to the shareholders of Captaris in connection with the proposed acquisition of Captaris by Open Text. Plaintiff sought to stop Defendants from proceeding with the acquisition and challenged the omission of information that Plaintiff alleged was necessary for Captaris shareholders to make an informed vote on the proposed acquisition. Defendants contended that the disclosures were full and fair, asserted that the vote on the proposed acquisition should not be delayed, and denied that they did anything wrong. 3. Why Is This a Class Action? In a class action, one or more people or entities called class representatives (in this case, Richard Harvey) sue on behalf of other people and entities who have similar claims. Here, all these people and entities are called a Settlement Class or the Settlement Class Members. One court resolves the issues for all Settlement Class Members. Judge Catherine Shaffer is in charge of this class action. 4. Why Is There a Settlement? The Court did not decide in favor of Plaintiff or Defendants. Instead, both sides agreed to a settlement, thereby avoiding the cost of litigation. This settlement consists of certain supplemental disclosures that have already been made in Captaris s SEC filings on October 21, 2008, as further discussed in response to question 6 below. Plaintiff s Counsel concluded that the supplemental disclosures that Defendants agreed to provide to shareholders were sufficient to allow Captaris shareholders to make an informed vote on the proposed acquisition of Captaris by Open Text. The shareholder vote took place on October 31, 2008, and the shareholders voted to approve the proposed acquisition. Plaintiff and his attorneys think the settlement is best for all Settlement Class Members. 5. How Do I Know if I Am Part of the Settlement? The Settlement Class includes all persons who held shares of Captaris common stock between September 4, 2008 and October 31, 2008, including any and all of their predecessors, representatives, trustees, executors, heirs, assigns or transferees, immediate and remote, and any person acting for or on behalf of, or claiming under, any of them and each of them. Excluded from the Settlement Class are Defendants, their affiliates, successors-in-interest, predecessors, representatives, trustees, executors, heirs, assigns or transferees, immediate and remote, and any person acting for or on behalf of, or claiming under, any of them and each of them. 2

3 6. What Does the Settlement Provide? THE SETTLEMENT BENEFITS Plaintiff alleged in his complaint that Defendants breached their fiduciary duties to Captaris shareholders in connection with the agreement to enter into the proposed acquisition of Captaris by Open Text. On October 20, 2008, counsel for the parties reached an agreement in principle to settle this lawsuit pursuant to which Defendants would make certain supplemental disclosures to the shareholders concerning the proposed acquisition. These supplemental disclosures were made in a document filed by Captaris with the SEC on October 21, 2008, in advance of an October 31, 2008 shareholder vote by which the shareholders voted to approve the proposed acquisition. Defendants acknowledge that the decision to provide the supplemental disclosures was a result of the pendency and prosecution of the lawsuit but deny that there were any deficiencies in the proxy materials and other public disclosures concerning the proposed acquisition prior to the dissemination of the supplemental disclosures. 7. What Does It Mean to Be Part of the Settlement Class? If you are in the Settlement Class, that means you cannot sue or be part of any other lawsuit against the Defendants, Open Text Inc., Open Text Corporation, Oasis Merger Corp. and all of their related parties (the "Released Parties") concerning the legal issues in this case. It also means that all of the Court s orders will apply to you and legally bind you. In addition, you are releasing all claims against Defendants and the Released Parties that you ever had or now have, or may have by reason of, arising out of, relating to or in connection with the allegations, facts, events, transactions, acts, occurrences, statements, representations, misrepresentations, omissions or any other matter, thing or cause whatsoever, or any series thereof, embraced, involved, set forth or otherwise arising out of, related to, or concerning (i) the allegations contained in the Action; (ii) the Acquisition, including the negotiations leading to the Acquisition, the agreements and disclosures relating to the Acquisition, any compensation or other payments made in connection with the Acquisition, and the consideration being paid pursuant to the Acquisition; (iii) any misrepresentations and/or omissions in the Proxy or any other disclosures, non-disclosures, or public statements relating to the Acquisition; and (iv) any matter that could have been asserted in the Action regarding breach of fiduciary duty or failure to disclose material facts. You are not releasing any stockholder dissenters rights claims. 8. Do I Have a Lawyer in This Case? THE LAWYERS REPRESENTING YOU The law firm of Levi & Korsinsky LLP represents you and the other Settlement Class Members. This law firm and its lawyers are called Plaintiff s Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense. 9. How Will the Lawyers Be Paid? Plaintiff will seek an award of attorneys fees and expenses from the Court. Captaris has agreed to pay up to a total of $175,000 to Plaintiff s Counsel for their attorneys fees and expenses. The agreed-upon attorneys fees and expenses will be the only payment to Plaintiff s Counsel for their efforts in achieving this settlement and for their risk in undertaking this representation on a wholly contingent basis. 3

4 OBJECTING TO THE SETTLEMENT You can tell the Court that you do not agree with the settlement or some part of it. 10. How Do I Tell the Court That I Do Not Like the Settlement? If you are a Settlement Class Member, you can object to the settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter saying that you object to the settlement in Harvey v. Anastasi, et al., Case No SEA. Be sure to include your name, address, and telephone number, your signature, the number of shares of Captaris common stock that you held between September 4, 2008 and October 31, 2008, the date you purchased and/or disposed of such shares and the reasons you object to the settlement. Mail the objection to each of the following three addresses so that it is received no later than August 28, 2009: Court Clerk of the Court SUPERIOR COURT OF THE STATE OF WASHINGTON COUNTY OF KING 516 3rd Avenue, Rm. C-203 Seattle, WA Counsel for Plaintiff Juan E. Monteverde Levi & Korsinsky LLP 39 Broadway, Suite 1601 New York, NY Counsel for Defendants Ronald L. Berenstain PERKINS COIE LLP 1201 Third Avenue, Suite 4800 Seattle, WA THE COURT S FAIRNESS HEARING The Court will hold a hearing to decide whether to approve the settlement. You may attend and you may ask to speak, but you do not have to. 11. When and Where Will the Court Decide Whether to Approve the Settlement? The Court will hold a fairness hearing at 1:30 p.m. on September 11, 2009, in the courtroom of the Honorable Catherine Shaffer at the Superior Court of the State of Washington, King County, 516 3rd Avenue, Seattle, Washington. At this hearing the Court will consider whether the settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. Judge Shaffer will listen to people who have asked to speak at the hearing. The Court may decide these issues at the hearing or take them under consideration. We do not know how long the Court s decision will take. Do not communicate directly with the Judge by telephone or letter. 12. Do I Have to Come to the Hearing? No. Plaintiff s Counsel will answer questions Judge Shaffer may have, but you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as the Court received your written objection on time, the Court will consider it. You may also retain your own lawyer to attend, but you are not required to do so. 13. May I Speak at the Hearing? You may ask the Court for permission to speak at the fairness hearing. To do so, you must send a letter saying that it is your intention to appear in Harvey v. Anastasi, et al., Case No SEA. Be sure to include your name, address, and telephone number and your signature. Your notice of intention to appear must be received no later than August 28, 2009, by the Clerk of the Court, Plaintiff s Counsel and Defendants counsel at the three addresses listed in response to question 10. 4

5 GETTING MORE INFORMATION 14. Are There More Details About the Settlement? This Notice summarizes the settlement. More details are available in the Stipulation of Settlement. You can get a copy of the Stipulation of Settlement during business hours at the Clerk of the Court, Superior Court of the State of Washington, King County, 516 3rd Avenue, Seattle, Washington 98104; or by writing to Juan E. Monteverde c/o Levi & Korsinsky LLP, 39 Broadway, Suite 1601, New York, NY How Do I Get More Information? You can call (212) or write to Juan E. Monteverde c/o Levi & Korsinsky LLP, 39 Broadway, Suite 1601, New York, NY DO NOT TELEPHONE THE COURT OR CAPTARIS REGARDING THIS NOTICE SPECIAL NOTICE TO NOMINEES If you held shares of Captaris common stock between September 4, 2008 and October 31, 2008, as nominee for a beneficial owner, then, within ten (10) calendar days after you receive this Notice, you must either (1) send a copy of this Notice by first-class mail to all such persons or entities who are beneficial owners; or (2) provide a list of the names and addresses of such persons or entities to Defendants notice administrator: Captaris Merger Litigation c/o The Garden City Group, Inc. P.O. Box Seattle, WA If you choose to mail the Notice yourself, you may obtain from the notice administrator (without cost to you) as many additional copies of these documents as you will need to complete the mailing. Regardless of whether you choose to complete the mailing yourself or elect to have the mailing performed for you, you may obtain reimbursement for or advancement of reasonable administrative costs that are actually incurred in connection with forwarding the Notice and that would not have been incurred but for the obligation to forward the Notice, upon submission of appropriate documentation to the notice administrator. DATED: JULY 27, 2009 BY ORDER OF THE SUPERIOR COURT STATE OF WASHINGTON COUNTY OF KING 5

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