Preliminary approval has been given to a settlement that would allow G3 Power Mac owners who purchased Mac OS X before May 15 to get a refund – as long as they did not regularly use OS X on their G3, and live in California.

The class-action lawsuit claimed that Apple failed to support certain G3 models with the same OS X performance enjoyed by G4s.

A hearing will be held in the Superior Court of California on January 26, 2004 to determine whether the proposed settlement is "fair, reasonable and adequate and should receive final approval".

Apple has posted details of the settlement on its Web site. The notice reads: "If the settlement is approved, Apple will pay to settlement class members who did not regularly use OS X on their covered products and who meet the requirements described below a refund of the actual retail price they paid for OS X up to a maximum of $129.

"To obtain a refund, settlement class members must declare under penalty of perjury as follows: "I have not regularly used OS X on my covered product. I agree not to use OS X on this computer in the future and am returning the OS X disk containing this version of OS X to the address designated in the claim Form. I agree not to reinstall the returned version of OS X on my covered product in the future."

Apple has also agreed to pay $350,000 to the law firm who filed the lawsuit, King & Ferlauto.