other recordkeeping purposes, but may destroy such material (including electronic media
containing such information) in its possession which it regards as surplusage. Notwithstanding,
outside counsel of record may retain one copy of all pleadings, filings, and deposition transcripts
as part of its internal records. Nothing in this paragraph requires any party or entity to delete or
destroy data from emergency backup systems so long as those systems recycle and/or update their
data on a revolving basis.

17.

If any confidential business information which is supplied in accordance with

paragraph 2 above is supplied by a nonparty to this litigation, such a nonparty shall be considered
a “supplier” as that term is used in the context of this order.

18.

Each nonparty supplier shall be provided a copy of this order by the party seeking

information from said supplier.

19.

Source Code. A supplier may designate documents, information, or things as

“RESTRICTED – CONFIDENTIAL SOURCE CODE,” which shall mean litigation material of a
supplier or of any non-parties that a supplier is permitted to produce in this litigation that
constitutes or contains non-public Source Code.

A.

“Source Code” shall mean source code, object code (i.e., computer

instructions and data definitions expressed in a form suitable for input to an assembler, compiler,
or other translator), microcode, register transfer language (“RTL”), firmware, and hardware
description language (“HDL”), as well as any and all programmer notes, annotations, and other
comments of any type related thereto and accompanying the code. For avoidance of doubt, this
includes source files, make files, intermediate output files, executable files, header files, resource