Financial Statements

EX-10.96 3 a15428exv10w96.txt EXHIBIT 10.96 EXHIBIT 10.96 AMENDMENT NO. 24 TO THE POSTSCRIPT SOFTWARE DEVELOPMENT LICENSE AND SUBLICENSE AGREEMENT BETWEEN ADOBE SYSTEMS INCORPORATED AND PEERLESS SYSTEMS CORPORATION EFFECTIVE AS OF OCTOBER 14, 2005 This Amendment No. 24 (the "Amendment") to the PostScript Software Development License and Sublicense Agreement dated July 23, as previously amended (the "Agreement"), is between Adobe Systems Incorporated, a corporation having a place of business at 345 Park Avenue, San Jose, CA 95110 ("Adobe") and Peerless Systems Corporation, a Delaware corporation having a place of business at 2381 Rosecrans Avenue, El Segundo, California 90245 ("Peerless"). The parties agree as follows: 1. EXHIBIT B ("Minimum Terms of Peerless OEM Agreement") of the Agreement is hereby deleted and replaced with the EXHIBIT B attached hereto. For the avoidance of doubt, Peerless shall not be required to revise OEM Agreements that were executed prior to the effective date of this Amendment to conform to the terms set forth in the attached EXHIBIT B. 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. 24 to the PostScript Software Development License and Sublicense Agreement by its duly authorized representatives. Adobe: Peerless: ADOBE SYSTEMS INCORPORATED PEERLESS SYSTEMS CORPORATION By: /s/ JEFF RUSSAKOW By: /s/ WILLIAM R. NEIL ------------------- --------------------- Print Name: Jeff Russokow Print Name: William R. Neil Title: Vice President, WW Sales Title: Vice President - CFO Operations & Customer Support Date: 11/4/05 Date: October 14, 2005 EXHIBIT B MINIMUM TERMS OF PEERLESS OEM AGREEMENTS 1. CONTRACT OBLIGATIONS. *** 2. LICENSES AND RESTRICTIONS. *** 3. PROTECTION OF PROPRIETARY INFORMATION. *** 4. MARKETING GUIDELINES. *** 5. GENERAL *** 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.