Amendment No. 2 to OEM Distribution and License Agreement between Adobe Systems and Electronics for Imaging

Summary

This amendment updates the existing OEM Distribution and License Agreement between Adobe Systems Incorporated, Adobe Systems Software Ireland Limited, and Electronics for Imaging, Inc. (EFI), effective October 1, 2005. The amendment clarifies how EFI will report royalties for certain technology distributed after this date and memorializes the parties' agreement regarding royalties for non-Postscript technology. All other terms of the original agreement remain unchanged. The amendment is executed by authorized representatives of the involved parties.

EX-10.23 2 dex1023.htm AMENDMENT NO. 2 TO OEM DISTRIBUTION AND LICENSE AGREEMENT Amendment No. 2 to OEM Distribution and License Agreement

EXHIBIT 10.23

FOIA Confidential Treatment Requested

AMENDMENT NO. 2 TO

OEM DISTRIBUTION AND LICENSE AGREEMENT

This amendment No. 2 (the “Amendment”) is made to the OEM Distribution and License Agreement (the “License Agreement”) entered into as of September 19, 2005 by and among Adobe Systems Incorporated, Adobe Systems Software Ireland Limited, and Electronics for Imaging, Inc. (“EFI”).

This Amendment is effective as of October 1, 2005 (the “Amendment Effective Date”). All capitalized terms shall have the meaning set forth herein or in the License Agreement, as applicable.

WHEREAS, under the terms of [*];

WHEREAS, EFI is to report royalties for technology distributed on or after October 1, 2005, in accordance with the terms, conditions and royalty rates set forth in the License Agreement; and

WHEREAS, [*]

WHEREAS, the purpose of this Amendment No. 2 is to memorialize the parties’ agreement with respect to royalties for non-Postscript technology distributed by EFI [*]

WHEREAS, the parties have agreed that the above [*]

NOW, THEREFORE the parties agree as follows:

[*]

 


* Indicates that certain information contained herein has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.


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5. All other terms of the License Agreement shall remain unaffected by this Amendment.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed by their duly authorized representatives as of the Amendment Effective Date.

 

ADOBE SYSTEMS INCORPORATED   ELECTRONICS FOR IMAGING, INC.
By:  

/s/ Michael L. Fancher

  By:  

/s/ Fred Rosenzweig

Print Name:   Michael L. Fancher   Print Name:   Fred Rosenzweig
Title:   Director, Revenue Assurance   Title:   President
ADOBE SYSTEMS INCORPORATED  
By:  

/s/ David Liddy

 
Print Name:   David Liddy  
Title: