EXHIBIT 10.67
AMENDMENT NO.9
TO THE
POSTSCRIPT SOFTWARE DEVELOPMENT LICENSE
AND SUBLICENSE AGREEMENT
BETWEEN
ADOBE SYSTEMS INCORPORATED
AND
PEERLESS SYSTEMS CORPORATION
EFFECTIVE AS OF SEPTEMBER 15, 2003
This Amendment No. 9 (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 revise
the royalty rates for certain Licensed Systems as specified below.
NOW, THEREFORE, the parties agree as follows:
1. The following new paragraph (iv) is hereby added under note * in
Paragraph 3.2.1 *of EXHIBIT O ("Royalty Payments And Other Fees") * of the
Agreement:
(iv) NEW * PRODUCTS AFTER JANUARY 1, 2004. A "Post-January 1,
2004 New * Product" means a Licensed System that meets all of the
following: (a) is distributed under a Licensed System Appendix for a
new product (that is, the Licensed System may not be a follow-on
product to a Licensed System under any Licensed System Appendix
executed prior to January 1, 2004) executed by Peerless and * on or
after January 1, 2004, (b) is a printing device supporting media sizes
not to exceed 11.00 by 17.00 inches, and (c) have an SRP of * (U.S. $*)
or less. *.
SRP (in U.S. Dollars) of the Minimum Royalty Payment
Applicable Post-January 1, 2004
New *Product
* *
Notwithstanding anything to the contrary in the Agreement or any Licensed System
Appendix, the above pricing includes the royalties to distribute only the Font
Programs listed in the table below with each Post-January 1, 2004 New * Product.
Additional Font Programs may be
Confidential treatment has been requested for portions of this document. This
copy of the document filed as an Exhibit omits the confidential information
subject to the confidentiality request. Omissions are designated by an asterisk
(*). A complete version of this document has been filed separately with the
Securities and Exchange Commission.
distributed with or for use with Post-January 1, 2004 New * Products only in
accordance with terms and pricing to be mutually agreed upon in writing by the
parties.
Font Programs Included in the royalty pricing
for Post-January 1, 2004 New * Products
*
2. All other terms and conditions of the Agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, each of Adobe and Peerless has executed this
Amendment No. 9 to the PostScript Software Development License and Sublicense
Agreement by its duly authorized officer.
ADOBE SYSTEMS CORPORATION PEERLESS SYSTEMS CORPORATION
By: /s/ XXX XXXXXXXX By: /s/ XXXXXXX XXXX
Print Print
Name: Xxx Xxxxxxxx Name: Xxxxxxx Xxxx
-------------------------- -----------------------
Title: SVP Worlwide Sales and Title: VP, Finance & CFO
Field Operations -----------------------
--------------------------
Date: 9/4/03 Date: August 19, 2003
-------------------------- -----------------------
Confidential treatment has been requested for portions of this document. This
copy of the document filed as an Exhibit omits the confidential information
subject to the confidentiality request. Omissions are designated by an asterisk
(*). A complete version of this document has been filed separately with the
Securities and Exchange Commission.
