EXHIBIT 10.97
AMENDMENT NO. 26
TO THE
POSTSCRIPT SOFTWARE DEVELOPMENT LICENSE
AND SUBLICENSE AGREEMENT
BETWEEN
ADOBE SYSTEMS INCORPORATED
AND
PEERLESS SYSTEMS CORPORATION
Effective as of October 13, 2005
This Amendment No. 26 (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").
The parties agree as follows:
1. The following new Paragraph 3.1.1 is hereby added to the Agreement:
"3.1.1 JPEG2000. Notwithstanding anything to the contrary in this
Agreement, including without limitation, any materials release forms, any
notices on Adobe's file download servers, or appendices and addenda to
this Agreement, (i) any source code related to JPEG2000 provided by Adobe
to Peerless shall be deemed to be Adobe Support Source and Peerless shall
not disclose or in any manner deliver, and shall prohibit its OEM
Customers and Third Party Developers from disclosing or otherwise
delivering, any modifications made to such source code by Peerless, its
Third Party Developers, or its OEM Customers to Adobe, (ii) no license to
such modifications as set forth in Paragraph 3.1 (License to Peerless
Modifications) above is granted to Adobe, and (iii) Peerless shall not
consult with or seek any technical assistance from Adobe with regard to
the JPEG2000 source code or request any maintenance support from Adobe
arising out of any changes that Peerless, its Third Party Developers, or
its OEM Customers might make to the JPEG2000 source code."
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. 26 to the PostScript Software Development License and Sublicense Agreement
by its duly authorized representatives.
Adobe: Peerless:
ADOBE SYSTEMS INCORPORATED PEERLESS SYSTEMS CORPORATION
By /s/ XXXX XXXX By /s/ XXXXXXX XXXX
--------------------------------- ------------------------------------
Print Name: Xxxx Xxxx Print Name: Xxxxxxx Xxxx
Title: Vice President Title: VP Finance, CFO
Solution Channel & OEM Sales
Date: 10/17/05 Date: October 13, 2005
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