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 three
asterisks (***). A complete version of this document has been filed separately
with the Securities and Exchange Commission.
EXHIBIT 10.74
AMENDMENT NO. 11
TO THE
POSTSCRIPT SOFTWARE DEVELOPMENT LICENSE
AND SUBLICENSE AGREEMENT
BETWEEN
ADOBE SYSTEMS INCORPORATED
AND
PEERLESS SYSTEMS CORPORATION
EFFECTIVE AS OF: FEB. 9, 2004;
This Amendment No. 11 (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 known as the "Milan Series" of
Seiko Epson printing products (as described below).
NOW, THEREFORE, the parties agree as follows:
1. The following new Paragraph (v) is hereby added under *** of EXHIBIT O
("Royalty Payments And Other Fees") of the Agreement to read as follows:
"(v) ***.
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 three
asterisks (***). A complete version of this document has been filed separately
with the Securities and Exchange Commission.
IN WITNESS WHEREOF, each of Adobe and Peerless has executed this
Amendment No. 11 to the PostScript Software Development License and Sublicense
Agreement by its duly authorized officer.
Adobe: Peerless:
ADOBE SYSTEM INCORPORATED PEERLESS SYSTEMS CORPORATION
By: /s/ XXX XXXXXXXX By: /s/ XXXXXXX XXXX
----------------- -----------------
Print Print
Name: Xxx Xxxxxxxx Name: Xxxxxxx Xxxx
Title: SVP Worldwide Sales and Field Operations Title: VP Finance & CFO
Date: 2/9/04 Date: 1-21-04
2
