EXHIBIT 10.6B
AMENDMENT TO XEROX HARDWARE PURCHASE AND SOFTWARE
DEVELOPMENT/LICENSE AGREEMENT
This amendment is made as of May 1, 1997 (the "Effective Date") by and
between Splash Technology, Inc. successor in interest to SuperMac Technology,
Inc. and Xerox Corporation for the purpose of modifying the Xerox Hardware
Purchase and Software Development/License Agreement between SuperMac
Technology, Inc. and Xerox Corporation dated as of November 11, 1993
("Agreement").
The parties agree as follows:
1. In Section 4.05, "[*]" shall be changed to "[*]."
2. In Section 8.07, the last sentence in the first paragraph shall be
deleted, and sections (a) and (b) shall be deleted.
3. In Section 12.01(d), "[*]" shall be changed to "[*] after initial
installation, in no event to exceed [*] from date of delivery to Buyer."
In all other respects, the terms and conditions of the Agreement shall
remain in full force and effect unmodified.
Splash Technology, Inc. Xerox Corporation
By: /s/ Xxx Xxxxxxxx By: /s/ M.B. Efron
---------------------------------- ----------------------------------
Name: Xxx Xxxxxxxx Name: M.B. Efron
-------------------------------- --------------------------------
Title: Vice President Title: Product Operations Mgr.
------------------------------- -------------------------------
[*] Confidential Treatment Requested. The confidential
portion has been omitted and filed separately with the Securities and
Exchange Commission pursuant to an application for confidential treatment.
ATTACHMENT III
PRICING EFFECTIVE FOR NEW ORDERS PLACED AFTER 3/1/97
There are six Splash products:
1. DC Series System Configuration for DocuColor 40
2. PCI 1280 System Configuration
3. PCI 640 System Configuration
4. PCI 1280 Board Kit
5. PCI 650 Board Kit
6. E Series System Configuration for DocuColor 5750
All Splash products, system configurations and boards, include ColorCal
software along with a precision greyscale target. The System Configurations
are defined in the next paragraph. Finally, spares, upgrades, and repair
pricing is also included.
SYSTEM CONFIGURATIONS: The four system configurations are based on Apple
Power Macintosh or compatible systems. The minimum system configuration
specifications are attached to this document. All system configurations will
have the Splash Hardware, Splash Software, and all other bundled software
loaded and preconfigured. The warranty, service, and support for the items
included other than the Splash board and Splash software will only be the
standard terms provided to Customers by Adobe, Apple, Princeton Graphic
Systems, and other applicable vendors. None of the clauses in the contract
with respect to warranty, repair, or support will apply to these other system
components.
ADJUSTMENTS TO PRICES FOR DRAM FLUCTUATIONS
[*]
[*] Confidential Treatment Requested. The confidential
portion has been omitted and filed separately with the Securities and
Exchange Commission pursuant to an application for confidential treatment.
Page 1 of 4
STANDARD CONTRACT PRICE FOR THE PRODUCTS:
The Standard Prices for the Products are as follows:
Full products:
Splash DC Series 000X00000 [*]
Splash PCI v5.0 1280 System Configuration 097N00748
Splash PCI v5.0 640 System Configuration 000X00000
Splash PCI v5.0 1280 Board Kit 097N00724
Splash PCI v5.0 640 Board Kit 097N00726
Splash E Series System Configuration 097N00790
Splash PCI v.4.0 1280 System Configuration 097N00641
Splash PCI v.4.0 640 System Configuration 097N00642
Splash PCI v.4.0 1280 Board Kit 097N00655
Splash PCI v.4.0 640 Board Kit 097N00648
Upgrades:
PCI 5.0 640 to 1280 Upgrade Kit 097N00727
PCI 4.0 to 5.0 Upgrade Kit 097N00734
PCI E320 to E640 Upgrade Kit 097N00791
Other Products:
PowerPC 601/66 Controller Spare 109K00811
PowerPC 601/80 Controller Spare 109K00821
PowerPC 601/100 Controller Spare 109K00831
DC Series HDD Spare 006N00846
DC Series CPU Spare 109N00263
DC Series Controller Boards 140N04741
DC Series Customer Media Pack 701P94093
DC Series Calibration Scanner 097N00753
64 MB DIMM 144N00046
8 MB DIMM 144N00047
32 MB DIMM 144N00043
DocuColor I/F Cable, 68-pin 152N01562
DocuColor I/F Cable, 80-pin 152N01563
PCI Series HDD Spare 006N00845
PCI Series CPU Spare 109N00261
PCI Series Controller Boards 160K37470
PCI Series Customer Media Pack 701P94286
E Series HDD Spare 006N00853
[*] Confidential Treatment Requested. The confidential
portion has been omitted and filed separately with the Securities and
Exchange Commission pursuant to an application for confidential treatment.
Page 2 of 4
E Series CPU Spare 000X00000 [*]
14" Color Monitor 128N00396
ESD Wrist Strap 115E3970
Splash Cable 152K63320
Splash v2.5 User's Manual Set 709P00094
Color Central Lite Spare 097N00646
Adobe Photoship LE Spare 300K47880
Splash v3.1 Software Spare 300K56270
Keyboard 110N00717
Mouse 018N00137
Xxxx Scale Target 001E39230
TCP/IP Connect Kit 097N00733
WebServer Option 097N00728
Loop-Back Connector 114K00670
Mouse Pad 019N00343
Monitor Video Adapter 120N00234
Monitor/Mac Power Cord 117N01116
DC Series French Windows Driver Kit 701S94090
PCI Series French Windows Driver Kit 701S94069
Splash French Mac O/S Kit (7.5.5) 701S94070
Orders for the above items marked with * must be placed with a minimum
quantity of 25 per delivery date.
** Splash PCI Version 4.0 is being upgraded to version 5.0. After launch of
version 5.0, in April/May 1997, all new orders for the PCI platform will be
filled with version 5.0.
[*] Confidential Treatment Requested. The confidential
portion has been omitted and filed separately with the Securities and
Exchange Commission pursuant to an application for confidential treatment.
Page 3 of 4
ADOBE POSTSCRIPT LICENSE FEE
[*]
Product List Price
DC Series $50,000
PCI 1280 System Configuration (versions 4.0/5.0) $28,000
PCI 640 System Configuration (versions 4.0/5.0) $22,000
PCI 1280 Board Kit (versions 4.0/5.0) $24,000
PCI 640 Board Kit (versions 4.0/5.0) $18,000
E Series System Configuration $13,000
[*]
If necessary, as requested by Adobe, Xerox will agree to submit to an
Adobe audit of its records pertaining to Splash upgrades sold, in order to
ascertain the accuracy of the reported upgrade sales quantities.
OUT OF WARRANTY REPAIR COSTS:
The following out of warranty standard board repair costs apply during
the time that the boards are in production. This repair charge will not,
however, apply to any boards rendered irreparable due to physical abuse or
damage.
Splash-MX Daughter board [*]
Splash-MXPLUS Daughter board
Splash-TX Daughter board
Splash Baseboard
Splash PCI Board
Splash DC Series Board Set
Accepted and Agreed as a contract attachment amendment:
By: /s/ M.B. Efron By: /s/ Xxx Xxxxxxxx
--------------------------------- ------------------------------
Title: Product Operations Mgr. Title: Vice President
------------------------------ ---------------------------
Date: 7/29/97 Date: 7/23/97
------------------------------- ----------------------------
Xerox Corporation Splash Technology
(SuperMac Technology)
[*] Confidential Treatment Requested. The confidential
portion has been omitted and filed separately with the Securities and
Exchange Commission pursuant to an application for confidential treatment.
Page 4 of 4
