embedded, where it resides completely inside the imaging device

EX-10.73 6 a98526exv10w73.txt EXHIBIT 10.73 EXHIBIT 10.73 AMENDMENT NO. 7 TO THE POSTSCRIPT SOFTWARE DEVELOPMENT LICENSE AND SUBLICENSE AGREEMENT BETWEEN ADOBE SYSTEMS INCORPORATED AND PEERLESS SYSTEMS CORPORATION EFFECTIVE AS OF: MAY 22, 2003 This Amendment No. 7 (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 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"). WHEREAS, the purpose of this Amendment to the Agreement is to add a Primary Development Site and protection measures for any Adobe Information that is transmitted between any Primary Development Sites as specified below. NOW, THEREFORE, the parties agree as follows: 1. EXHIBIT C of the Agreement is hereby deleted and replaced in its entirety with the EXHIBIT C attached hereto. 2. The following new Paragraph 4.6 is hereby added to EXHIBIT N-1 ("Secure Procedures for Handling Adobe Support Information") of the Agreement: "4.6 Peerless may transmit Adobe Support Information between Development Sites provided that it implements adequate security measures to ensure that such Adobe Support Information is protected against access or use while in transit to the receiving Development Site and that transmission of Adobe Core Source only occurs between Primary Development Sites. More specifically, Peerless shall restrict the transmission of Adobe Support Information between Development Sites by utilizing end-to-end encrypted communications to ensure the security and confidentiality of the communications between Development Sites. Such encryption shall be at least 128-bit key length encryption, or no less than the maximum applicable key bit-length limit imposed by law if less than 128 bits. As used herein, "end-to-end encrypted communications" means that the Adobe Support Information is encrypted at the originating Secure Computer System at the originating Development Site and decrypted only at the destination Secure Computer System at the destination Development Site without any intermediate decryption." 3. All other terms and condition of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, each of Adobe and Peerless has executed this Amendment No. 7 to the PostScript Software Development License and Sublicense Agreement by its duly authorized officer. Adobe: Peerless: ADOBE SYSTEM INCORPORATED PEERLESS SYSTEMS CORPORATION By: /s/ GLORIA T. CHEN By: /s/ HOWARD J. NELLOR Print Print Name: Gloria T. Chen Name: Howard J. Nellor Title: V.P. Worldwide Sales Operations Title: President & CEO Date: 5/20/03 Date: May 8, 2003 2 EXHIBIT C DEVELOPMENT AND REPRODUCTION SITES (PEERLESS) Peerless' use and storage of the Adobe Core Source and other Adobe Support Information shall be restricted to the following Primary Development Site(s):

Peerless' use and storage of the Adobe Support Information (excluding Adobe Core Source) shall be restricted to the following Secondary Development Site(s):

Peerless identifies the following Peerless Reproduction Site(s):

Upon written request by Adobe at any time during the term of this Agreement, Peerless shall promptly provide a current list of all of its Reproduction Site(s). 3