EXHIBIT 10.73
AMENDMENT NO. 7
TO THE
POSTSCRIPT SOFTWARE DEVELOPMENT LICENSE
AND SUBLICENSE AGREEMENT
BETWEEN
ADOBE SYSTEMS INCORPORATED
AND
PEERLESS SYSTEMS CORPORATION
EFFECTIVE AS OF: MAY 22, 2003
This Amendment No. 7 (the "Amendment") to the PostScript Software
Development License and Sublicense Agreement dated July 23, 1999, as previously
amended (the "Agreement") is between Adobe Systems Incorporated, a Delaware
corporation having a place of business at 000 Xxxx Xxxxxx, Xxx Xxxx, XX 00000
("Adobe") and Peerless Systems Corporation, a Delaware corporation having a
place of business at 0000 Xxxxxxxxx Xxxxxx, Xx Xxxxxxx, Xxxxxxxxxx 00000
("Peerless").
WHEREAS, the purpose of this Amendment to the Agreement is to add a
Primary Development Site and protection measures for any Adobe Information that
is transmitted between any Primary Development Sites as specified below.
NOW, THEREFORE, the parties agree as follows:
1. EXHIBIT C of the Agreement is hereby deleted and replaced in
its entirety with the EXHIBIT C attached hereto.
2. The following new Paragraph 4.6 is hereby added to EXHIBIT N-1
("Secure Procedures for Handling Adobe Support Information") of the Agreement:
"4.6 Peerless may transmit Adobe Support Information between
Development Sites provided that it implements adequate
security measures to ensure that such Adobe Support
Information is protected against access or use while in
transit to the receiving Development Site and that
transmission of Adobe Core Source only occurs between Primary
Development Sites. More specifically, Peerless shall restrict
the transmission of Adobe Support Information between
Development Sites by utilizing end-to-end encrypted
communications to ensure the security and confidentiality of
the communications between Development Sites. Such encryption
shall be at least 128-bit key length encryption, or no less
than the maximum applicable key bit-length limit imposed by
law if less than 128 bits. As used herein, "end-to-end
encrypted communications" means that the Adobe Support
Information is encrypted at the originating Secure Computer
System at the originating Development Site and decrypted only
at the destination Secure Computer System at the destination
Development Site without any intermediate decryption."
3. All other terms and condition of the Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, each of Adobe and Peerless has executed this
Amendment No. 7 to the PostScript Software Development License and Sublicense
Agreement by its duly authorized officer.
Adobe: Peerless:
ADOBE SYSTEM INCORPORATED PEERLESS SYSTEMS CORPORATION
By: /s/ XXXXXX X. XXXX By: /s/ XXXXXX X. XXXXXX
Print Print
Name: Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxxxx
Title: V.P. Worldwide Sales Operations Title: President & CEO
Date: 5/20/03 Date: May 8, 2003
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EXHIBIT C
DEVELOPMENT AND REPRODUCTION SITES
(PEERLESS)
Peerless' use and storage of the Adobe Core Source and other Adobe Support
Information shall be restricted to the following Primary Development Site(s):
Name of Development Site: Address:
----------------------------------------------------------------------
1. Peerless Systems Imaging Products 00000 00xx Xxx X.
Xxxx, XX 00000
----------------------------------------------------------------------
2. Peerless Systems Corporation 0000 Xxxxxxxxx Xxxxxx
Xx Xxxxxxx, XX
----------------------------------------------------------------------
Peerless' use and storage of the Adobe Support Information (excluding Adobe Core
Source) shall be restricted to the following Secondary Development Site(s):
Name of Development Site: Address:
--------------------------------------------------------------------------------
None. _______________________________
_______________________________
_______________________________
--------------------------------------------------------------------------------
Peerless identifies the following Peerless Reproduction Site(s):
Name of Development Site: Address:
--------------------------------------------------------------------------------
None. _______________________________
_______________________________
_______________________________
--------------------------------------------------------------------------------
Upon written request by Adobe at any time during the term of this
Agreement, Peerless shall promptly provide a current list of all of its
Reproduction Site(s).
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