embedded, where it resides completely inside the imaging device

EX-10.74 7 a98526exv10w74.txt EXHIBIT 10.74 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. EXHIBIT 10.74 AMENDMENT NO. 11 TO THE POSTSCRIPT SOFTWARE DEVELOPMENT LICENSE AND SUBLICENSE AGREEMENT BETWEEN ADOBE SYSTEMS INCORPORATED AND PEERLESS SYSTEMS CORPORATION EFFECTIVE AS OF: FEB. 9, 2004; This Amendment No. 11 (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 revise the royalty rates for certain Licensed Systems known as the "Milan Series" of Seiko Epson printing products (as described below). NOW, THEREFORE, the parties agree as follows: 1. The following new Paragraph (v) is hereby added under *** of EXHIBIT O ("Royalty Payments And Other Fees") of the Agreement to read as follows: "(v) ***. 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. IN WITNESS WHEREOF, each of Adobe and Peerless has executed this Amendment No. 11 to the PostScript Software Development License and Sublicense Agreement by its duly authorized officer. Adobe: Peerless: ADOBE SYSTEM INCORPORATED PEERLESS SYSTEMS CORPORATION By: /s/ JIM STEPHENS By: /s/ WILLIAM NEIL ----------------- ----------------- Print Print Name: Jim Stephens Name: William Neil Title: SVP Worldwide Sales and Field Operations Title: VP Finance & CFO Date: 2/9/04 Date: 1-21-04 2