The opinion of the court was delivered by: Hon. Cormac J. Carney
(PROPOSED) PRELIMINARY INJUNCTION
Pending the entry of judgment at trial in this matter, the Court orders as follows:
1. Seacoast Laboratory Data Systems, Inc., its agents, employees, servants, assigns, and all those acting in concert with it, ARE HEREBY RESTRAINED AND ENJOINED from:
(A) Causing the transmission of a program, code, or command which as a result causes any damage to the computers or computer network of Plaintiff United Westlabs, Inc. ("UWL"); or
(B) Disabling, disturbing, interrupting or terminating UWL's use of the Seacoast Laboratory AR ("SLAR") system in any way or manner.
2. Until the commencement of trial, Seacoast, through one of its employees, can appear no more than once during each calendar quarter at the Santa Ana office of UWL to access the SLAR system at UWL for the sole purpose of checking on UWL's compliance with its license. The inspection will be conducted upon five (5) business-days notice by Seacoast to UWL and will be conducted during regular business hours, between 8 a.m. to 5 p.m. PST. The inspection will be conducted in the presence of counsels for the parties. Each of the parties, however, may waive this condition for any inspection.
3. Until the entry of judgment at trial, both Seacoast and UWL will comply with the confidentiality provisions set forth in Sections 9 and 10 of the October 10, 2005 Agreement.
4. The undertaking previously ordered by the Court and posted by UWL shall remain in place.
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