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CONFIDENTIAL TREATMENT REQUESTED: INFORMATION FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED IS OMITTED AND IS NOTED WITH “[REDACTED].” AN UNREDACTED VERSION OF THIS DOCUMENT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

 

AMENDMENT NO. 30

TO THE

POSTSCRIPT SOFTWARE DEVELOPMENT LICENSE

AND SUBLICENSE AGREEMENT

BETWEEN

ADOBE SYSTEMS INCORPORATED

AND

PEERLESS SYSTEMS CORPORATION

 

Effective as of June 30, 2008

 

This Amendment No. 30 (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, Adobe and Peerless wish to have Peerless receive Maintenance for the Reference Ports and CPSI Platforms, as described in the Agreement and any relevant exhibits thereto, from Adobe, for a fixed fee, in lieu of the license fees and annual maintenance fee requirements currently set forth in Paragraph 8.1 of the Agreement, thereby having Adobe waive license fees and any annual maintenance fee requirements as of January 1, 2008 and for the remainder of the Agreement; and

 

WHEREAS, Adobe and Peerless wish to extend the Wind-down Period contemplated in Exhibit B of the Agreement (“Minimum Terms of Peerless OEM Agreements”) to a maximum of 21 months following expiration of the Agreement.

 

The parties hereby amend the Agreement as follows:

 

1.   Paragraph 8.1 (“License and Maintenance Fees”) of the Agreement is hereby deleted and replaced with the following:

 

8.1 License and Maintenance Fees. In lieu of any prior license fees for the Adobe Information, as may have been specified in the applicable Adobe Deliverables Appendix, and any prior annual maintenance fees that may have been in place between the parties to cover maintenance services (“Maintenance”) for the relevant Reference Port and for a CPSI Platform, as described in Exhibit K (“Maintenance for Standard Reference Port(s)


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