Agreement dated December 6, 2000, by and between
Adobe Systems Incorporated and the Company
ADOBE
LOGO
December 6, 2000
Xxx Xxxxx
CEO, Electronics For Imaging, Inc.
000 Xxxxxxxx Xxx
Xxxxxx Xxxx, XX 00000
RE: Adobe PostScript Royalties
Dear Guy:
As per our conversation of this morning, following is a revised letter outlining
the terms and conditions Adobe will apply to a new pricing model for EFI.
Terms:
The following pricing structure applies to products sold by EFI that utilize
Adobe PostScript (PS). [ *** ] Royalty payments are calculated at the end of
each quarter.
[ *** ]
This new pricing structure and its attached terms will be effective December 1,
2000. If signed and returned to Adobe by midnight, December 6, 2000. These rates
are effective through June 30, 2002. At that time EFI and Adobe may have entered
into another pricing agreement. If EFI and Adobe have not entered into another
pricing structure, the pricing presented here shall remain in effect until such
time that another pricing structure is agreed upon.
[ *** ] CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY
BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS
AMENDED.
EFI and Adobe also agree that for each quarter and each category, EFI shall pay
royalties to Adobe based on the above new rates on a segment by segment, quarter
by quarter basis [ *** ].
Guy, as discussed today, in the interests of moving our business forward, Adobe
has given consideration to the many issues you and your team have raised over
the past several weeks. [ *** ]. I look forward to our meeting in early January.
Yours sincerely,
Adobe Systems Incorporated
/s/ Xxxxx Xxxxxx
--------------------------
Xxxxx Xxxxxx
President
Agreed and Acknowledged
By: /s/ Xxx Xxxxx
------------------------
Xxx Xxxxx
CEO, Electronics For Imaging, Inc.
Date: 6 December 2000
----------------------
Cc: Graham Fronman
Xxxxxxx Xxxxx
Xxxxx Xxxxxxx
Xxxx Xxxxxxxxxx
Xxx Xxxxxxxxx
Xxxxxxx Chen
[ *** ] CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY
BRACKET, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS
AMENDED.
